HomeMy WebLinkAbout02-15 - Adopting the City's Environmental Quality Act (CEQA) Policies & Procedures ManualRESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA ADOPTING THE CITY OF COSTA MESA -
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
POLICIES AND PROCEDURES MANUAL.
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, the Costa Mesa City Council adopted the City of Costa Mesa
California Environmental Quality Act ("CEQA") Procedures Manual by Resolution
No. 89-188 on December 4, 1989; and
WHEREAS, the Planning' Commission has reviewed and recommended
adoption of these revised CEQA Procedures on January 28, 2002;
WHEREAS, the City of Costa Mesa CEQA Policies and Procedures Manual
("Procedures Manual") dated February, 2002, is an update to the manual adopted
in 1989 and does not substantially modify existing environmental policies and
procedures; and
WHEREAS, the primary objective of the Procedures Manual is to reformat the
first edition of the manual, update CEQA forms required for posting and/or
recording, and be consistent with the requirements of CEQA and the CEQA
Guidelines, (California Public Resources Code Section 21000 et seq., California
Code of Regulations Section 15000 et seq.), to ensure adequate consideration and
analysis of potential environmental impacts anticipated from approval of
discretionary actions; and
WHEREAS, it is the City's policy to comply with the intent of CEQA and the
CEQA Guidelines by maintaining implementation procedures as required by Section
15022 of the Guidelines; and
WHEREAS, it is the City's policy to comply with the National Environmental
Policy Act (NEPA) for review of projects requiring environmental assessment by a
Federal agency; and
WHEREAS, CEQA, the CEQA Guidelines, and/or City procedures may change
periodically necessitating an amendment to the adopted Procedures Manual only
when changes are significant; and
WHEREAS, Section 15022 of the CEQA Guidelines allows the City to adopt
the CEQA Guidelines by reference and add specific provisions tailored to the
particular operation of the City; and
WHEREAS, adoption of these procedures shall promote and implement the
environmental goals and policies of the City of Costa Mesa General Plan; and
WHEREAS, the procedures are added to supplement, but in no way conflict
with, CEQA or the Guidelines; provided, however, that failure to comply with any
of these supplemental Guidelines shall not invalidate any project approval; and
WHEREAS, a public hearing was held on January 28, 2002, by the Planning
Commission and February 19, 2002, by the City Council, with all persons having
been given the opportunity to be heard both for and against the Procedures
Manual; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
adopt the City of Costa Mesa CEQA Policies and Procedures Manual and the
Mitigation Monitoring Program (included as Appendix 9 of the Procedures Manual),
by reference, for implementing CEQA; and
BE IT FURTHER RESOLVED that the Procedures Manual provides guidance
for implementing CEQA requirements and is not intended to add additional
mandatory procedures above and beyond those required by CEQA and CEQA
Guidelines. Applying a procedure described in this manual that is not required by
CEQA (i.e. optional posting of notices with the County Clerk, conducting additional
public hearings, etc.) shall be considered discretionary actions and not mandatory
procedures.
BE IT FINALLY RESOLVED that the City Council does hereby adopt a
Mitigation Monitoring Program in accordance with Public Resources Code Section
21081.6.
ATTEST:
Deputy City Ilerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
�)' 1
��
Mayor of the City of Costa Mesa
APPROVED AS TO FORM
CITY RNEY
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certifies that the above and foregoing
Resolution No. 0,2-16- was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on the 19th day of February, 2002.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of
the City of Costa Mesa this 20th day of February, 2002.
Deputy Ci Clerk and ex -officio Clerk of
the City C unci) of the City of Costa Mesa
.m. .. . : .. ..
=7 =\ \ 2?
/: \
-« �- � }�-
�
.:.�..a.:«w
. : .
------------
�
Costa Mesa CEQA POLICIES AND PROCEDURES MANUAL
Table of Contents
Page
1.0 Purpose......................................................................................................................................1
2.0 Preliminary Environmental Information...................................................................................1
3.0 Exemption Determination.........................................................................................................2
4.0 Initial Study...............................................................................................................................3
5.0 Negative Declaration................................................................................................................4
6.0 Environmental Impact Report ...........................................
7.0 Mitigation Monitoring Program.............................................................................................14
8.0 Statement of Facts and Findings.............................................................................................15
9.0 Statement of Overriding Considerations................................................................................16
10.0 CEQA Review for Internal City Departments......................................................................16
11.0 CEQA Review for Outside Agencies...................................................................................17
Exhibits
Exhibit A - CEQA Process Flow Chart .........................................................................................1 a
Exhibit B - Classes of Exemptions...........................:....................................................................2a
Exhibit C - Negative Declaration Process.....................................................................................4a
ExhibitD - EIR Process................................................................................................................. 6a
Appendices
Noticeof Exemption........................................................................................................................1
InitialStudy Checklist......................................................................................................................2
Noticeof Intent................................................................................................................................3
Noticeof Preparation
.......................................................................................................................4
Noticeof Completion.......................................................................................................................5
Noticeof Availability......................................................................................................................6
Noticeof Determination..................................................................................................................7
Department of Fish and Game Form...............................................................................................8
MitigationMonitoring Program.......................................................................................................9
CEQADefinitions.........................................................................................................................10
AgencyWeb Sites
..........................................................................................................................11
CostaZas CEQA POLICIES AND PROCEDURES MANUAL
1.0 Purpose
The purpose of the California Environmental Quality Act (CEQA) is not to generate paper, but to
compel government at all levels to make decisions with environmental consequences in mind.
(Bozung v. LAFCO (1975) 13 Cal.3d 263). The primary objectives of CEQA are to:
• Inform governmental decision -makers and the public about the potential, significant
environmental effects of proposed activities;
• Identify the ways that environmental damage may be avoided or significantly reduced;
• Prevent significant, avoidable damage to the environment by requiring changes in
projects through the use of alternatives or mitigation measures when the governmental
agency finds the changes to be feasible;
• Disclose to the public the reasons why a governmental agency approved the project in the
manner the agency chose if significant environmental effects are involved.
The CEQA Policies and Procedures Manual (February, 2002) is a comprehensive update to the
manual first adopted by City Council on December 4, 1989. This updated manual incorporates
recent changes to CEQA Guidelines and other supplemental environmental regulations. The
Procedures Manual provides guidance on environmental review procedures in conformance with
environmental law, and the manual will assist planners with the day to day details of processing
environmental documents for development projects. Please refer to the appropriate CEQA
Guidelines section for special circumstances and unique projects not described in this manual.
The CEQA Guidelines may be found on the internet at http://ceres.ca.gov/ceqa/.
This Procedures Manual provides guidance for implementing CEQA requirements and is not
intended to add additional mandatory procedures above and beyond those required by CEQA,
CEQA Guidelines, and/or Public Resources Code. Applying a procedure described in this
manual which is not required by CEQA (i.e. optional posting of notices with County Clerk,
conducting additional public hearings, etc.) shall be considered a discretionary action and not
mandatory procedure.
Exhibit A shows the CEQA Process Flow Chart. This manual also includes a useful reference
for CEQA Definitions (Appendix 10).
2.0 Preliminary Environmental Information
1. The applicant provides environmental information as required in the planning
application. When the application is submitted, Planner initializes the project in
Sierra to assign a number.
Page 1
The California Environmental Quality ,pct
EXHIBIT A
Plion
Not Exempt
Public agency avafustes praowt
to determine it there Is a possibility
that tate project may have a
significant affect on environment
Or
Praihl�sf�tsiffcdtrt ec8
Uetennination of land agency unbars
mare than one public agency is
involved
RESP $NSISLE AOMM Y
Respond to
informal CO
consultat�
i
Respond to Notice
of Preparation as to
contents of gaff EIR
Comments on adequacy
of draft EIR or
Negative Declarefion
Decision-maldng body
considers final EIR or
Negative Declaration
prepared by lead agency
rtt�
Findings on feasibiliW
of reducing or avoiding
significant environmental
effects
Decision on permit
ShftAgartcka
Local A n
Loott Apnciaa
Pilo flog of
File Notice of
f7etgrWnsflon
Determination
with Office of
With County
Planning &
Clerk
Research
With Courtly
Notice of Exo mpliorn No further a0lon
may bofftad r"uired urwder CEQA
LEAD AGENCY
maLoad agancy Ix Amos Irglial Muft
Lead agency decision to prepare
EIR or Negative Declaration
ISI
Lead agency sends Hatt" of
Preparation to responsible agency
f gad agency prepares �Iraft ElR
uiy�ueuwuama
Lead agency files Notice of
Compilation and gives; pubik- notles
of avallability of draft MR
Public Reset Perlad
Lead agency prepares final
EIR Including responses to
comments on draft EIR
- - I
Consideration and approval of i
final EIR by datislon-making body
Findings on feasibility of
reducing or avoiding significant
environmental effects
islon on ora t
Ste utas
Loott Apnciaa
Pile Notice of
File Notice of
Determination
Determination
with office of
With Courtly
Planning &
Clerk
Research
■v M 17
Land Agency gives public
notice of availability
of Negative Declaration
Public Ravim Period
Consideration and approval
of Negative Declaration
by deciWcarmaking bey
Costa Mesa CEQA POLICIES AND PROCEDURES MANUAL
2. Planner determines whether an application for a permit or other entitlement for use is
complete within 30 days from the receipt of the application except as provided in
CEQA Guidelines § 15111. This includes information needed to make environmental
determination which might involve additional studies (i.e. traffic, noise, air quality).
If no written determination of the completeness of the application is made within that
period, the application will be deemed complete on the 30th day.
Planner notifies applicant in writing within 30 calendar days if application is
incomplete or it is automatically deemed complete.
4. Planner determines within 30 days (after determining an application to be complete)
whether the project is exempt or if the City intends to prepare an EIR or Negative
Declaration. The City may also choose to use a previously prepared EIR or Negative
Declaration. The 30 -day period may be extended 15 days upon the consent of the
City and the project applicant. Exceptions to this time limit are provided in CEQA
Guidelines § 15111.
3.0 Exemption Determination
In the first step of the CEQA process, the City examines the project to determine whether the
project is subject to CEQA. If the project is exempt, no environmental analysis is required.
Although statutory and categorical exemptions are more common, there are a total of four
exemption categories, described below:
• Statutory Exemption — A project that falls within a statutory exemption is not subject to
CEQA even if it has the potentially to significantly affect the environment because it is
entitled a blanket exemption as delineated by statutory language (i.e. ministerial projects,
emergency projects, and feasibility/planning studies).
• Categorical Exemption — A project that falls within a categorical exemption is under a
class of projects that the Secretary for Resources determines generally will not have a
significant effect on the environment, unless an exception to the categorical exemption
exists.
• General Rule Exemption — A project that falls within a general rule exemption has been
assessed with certainty that there is no possibility that the activity may have a significant
effect on the environment.
• Disapproved Projects Exemption - A project that falls within a disapproved projects
exemption will be rejected or disapproved by the public agency.
Page 2
EXHIBIT B
The Secretary for Resources has adopted a variety of categorical exemptions from CEQA. This table summarizes the exemptions
(referred to as "classes") and provides citations to the appropriate Guidelines sections. Many of the categories include special
limitations and examples of exempt projects. Please refer to the Guidelines section for complete Guidelines language. Also,
unlike statutory exemptions, categorical exemptions are subject to certain exceptions found in Guidelines Section 15300.2.
uay
w
INS'
Class 1
Operation, repair, maintenance, or minor alteration of existing structures or facilities
15301
not expanding existing uses
Class 2
Replacement or reconstruction of existing structures or facilities.on the same site
15302
having substantially the same purpose and capacity
Class 3
New construction of limited small new facilities; installation of small, new equipment and
15303
facilities in small structures; and conversion of the use of small existing structures
(e.g., construction of three or fewer single-family homes in urban areas)
Class 4
Minor alterations in the condition of the land, such as grading, gardening, and landscaping,
15304
that do not affect sensitive resources
Class 5
Minor alterations to land use limitations, such as lot line adjustments, variances, and encroachment
15305
permits on land with a slope of less than 20%, that do not result in changes in land use or density
Class 6
Basic data collection, research, experimental management, and resource evaluation
15306
activities that do not result in major disturbances to an environmental resource
Class 7
Certain actions by regulatory agencies to maintain, restore, or enhance natural resources,
15307
other than construction activities, where the regulatory process includes procedures
to protect the environment
Class 8
Certain actions by regulatory agencies to maintain, restore, or enhance the environment,
15308
other than construction activities, where the regulatory process includes procedures
to protect the environment
Class 9
Inspections to check for the performance of an operation, or for quality, health, or safety of a project
15309
Class 10
Certain Department of Veterans Affairs loans and mortgages for purchases of certain existing structures
15310
Class 11
Construction or placement of minor structures accessory to existing facilities
15311
(e.g., signs, small parking lots, portable structures)
Class 12
Sales of surplus government property, except in environmentally sensitive areas
15312
Class 13
Acquisition of land for fish and wildlife habitat conservation purposes
15313
Class 14
Minor additions to existing schools that do not increase capacity by more than 25%
15314
Class 15
Subdivision of certain properties in urban areas into four or fewer parcels
15315
Class 16
Certain acquisitions or sales of land in natural condition or containing
15316
cultural resource sites to establish a park
Class 17
Establishment of agricultural preserves, making and renewal of Williamson Act
15317
contracts, and acceptance of open space property
Class 18
Designation of wilderness areas under the California Wilderness System
15318
Class 19
Annexations of certain areas containing existing structures and certain small parcels
15319
Class 20
Local government reorganizations requiring no changes in the areas where previous powers were
15320
exercised, such as the establishment of subsidiary districts, consolidations, and mergers
Class 21
Actions by regulatory agencies to enforce a lease, permit license, or other entitlement;
15321
actions by law enforcement officials
Class 22
Actions related to educational or training programs invo!ving no exterior physical changes
15322
Class 23
Normal operations of existing facilities for public gatherings for which the facilities were designed
15323
Class 24
Actions taken by regulatory agencies related to wages. hours. and working conditions
15324
Class 25
Transfers of interest in land to preserve open space
15325
Class 26
_
Actions needed to implement a housing assistance plan by acquiring an interest in housing units
15326
Class 27
Leasing of new or unoccupied private facilities in a building exempt from CEQA
15327
Class 28
Installations of certain hydroelectric facilities of less than 5 megawatts capacity at existing facilities
15328
Class 29
Installation of certain cogeneration equipment of less than 50 megawatts capacity at existing facilities
15329
Class 30
Minor actions to prevent, minimize, stabilize, mitigate, or eliminate the release
15330
or threat of release of hazardous waste or substances
Class 31
Historical resource restoration or rehabilitation consistent with Secretary of Interior guidelines
15331
Class 32
Certain in -fill development projects in urban areas
15332
IV
^� CEQA POLICIES AND PROCEDURES MANUAL
Costa Mesa
Procedure for Notice of Exemption
1. Planner determines if a project is "exempt" from CEQA within 30 days of deeming
an application complete.
2. Planner fills in the type of exemption and includes the CEQA Guidelines Section
Number on the application form and in Sierra.
3. Planner inserts language in project's approval resolution or letter that the proposed
project has been found to be exempt from CEQA.
4. Within 5 days following the project approval, Planner completes a Notice of
Exemption.
5. If the NOE is filed and posted, a 35 -day statute of limitations will commence from the
date of project approval. If the NOE is not filed, a 180 -day statue of limitations will
apply (CEQA Guidelines §I5062(d)).
6. The City of Costa Mesa has sixty days from the date of the exemption determination
to approve or deny the proposed project, pursuant to the Permit Streamlining Act. (It
should be noted that the Permit Streamlining Act applies only to "development
projects" as defined by the act, and not to legislative actions such as rezoning or
general plan amendments.)
4.0 Initial Study
If the project is not exempt from CEQA, the City shall conduct an Initial Study (CEQA
Guidelines §15063) to determine whether the project may have a significant effect on the
environment and whether an EIR or a Negative Declaration shall be prepared. If the City has
already determined that an EIR is required, the initial study may be used to identify the
significant environmental effects to be analyzed in the EIR.
If the Initial Study shows that there is no substantial evidence that the project may have a
significant effect, the City prepares a Negative Declaration. (See CEQA Guidelines §§15070 et
seq.)
Procedure for Initial Study
1. Planner conducts the analysis by using the Initial Study checklist form (Appendix 2)
to determine whether to prepare a Negative Declaration or Environmental Impact
Report (EIR).
Page 3
Costa lY1l.SaCEQA POLICIES AND PROCEDURES MANUAL
2. Planner provides evidence supporting the impact findings (no impact, less than
significant impact, etc.) for the environmental document and the source of these
findings.
3. Planner recognizes that by checking the "Potentially Significant Impact" box on the
Initial Study checklist, this would require the preparation of an EIR. By checking the
"Less than Significant with Mitigation Incorporated" box, Planner indicates that a
Mitigated Negative Declaration would be required.
5.0 Negative Declaration
Choosing the precise time for CEQA compliance involves a balancing of competing factors.
EIRs and negative declarations should be prepared as early as feasible in the planning process to
enable environmental considerations to influence project program and design and yet late enough
to provide meaningful information for environmental assessment.
A Negative Declaration is a written statement by the City briefly describing the reasons that a
proposed project will not have a significant effect on the environment, and, therefore, does not
require the preparation of an EIR (CEQA Guidelines § 15071).
A Mitigated Negative Declaration is prepared for a project when the initial study has identified
potentially significant effects on the environment, but (a) revisions in the project plans or
proposals made by, or agreed to by, the applicant before the proposed negative declaration and
initial study are released for public review would avoid the effects or mitigate the effects to a
point where clearly no significant effect on the environment would occur, and (b) there is no
substantial evidence in light of the whole record before the public agency that the project, as
revised, may have a significant effect on the environment.
Exhibit C describes the Negative Declaration process, time constraints, and documents requiring
posting.
Procedure for Negative Declaration
1. Planner informs Supervisor which projects need an Initial Study/Negative Declaration
(IS/ND) once an application has been accepted. If there are any mitigation measures
proposed, the environmental document would be an Initial Study/Mitigated Negative
Declaration (IS/MND) document. If project requires a public hearing, it will be
scheduled for the next available Planning Commission meeting after the public notice
and review period have been completed.
2. Planner completes environmental document and makes it available for public review.
In the preparation of the document, Planner will obtain all necessary comments from
Page 4
CQSta Mesa CEQA POLICIES AND PROCEDURES MANUAL
Start
Finish
EXHIBIT C
Negative Declaration Process
(20 day or 30 day r State revlewl review peria )
Comments'to Negative Declarati :
-Responses to Comments prepared
City makes' determination on project
(w thiel 60 days from Negaf V Decla�r t on adopts ri
U Responsible Agency makes decision on project (if required) -1
Costa Mesa I
CEQA POLICIES AND PROCEDURES MANUAL
other departments (i.e. Transportation, Engineering, Public Works), where applicable.
A site visit is mandatory during the preparation of environmental document.
3. Planner prepares the Public Notice specifying the following:
a. 20 or 30 day public review period (see #4 below)
b. Date, Time, Place of public hearing (if any) or decision date
C. Project description and location
d. Location documents are available for public review (public counter and all
libraries)
e. Specification whether the project site is listed as a hazardous site.
The public notice for the environmental document is typically combined with the
notice for the project hearing or decision, published in the Costa Mesa Daily Pilot
newspaper, and mailed to surrounding property owners within a 500 -foot radius of
the project site.
4. Planner specifies a 20 -day (minimum) or 30 -day public review period; The review
period for a Negative Declaration shall be 30 days when submitted to the State
Clearinghouse and 20 days otherwise, with certain exceptions. In special
circumstances, the State may grant a shortened review period for negative
declarations.
5. On the same day the public notice is issued, the Planner completes a Notice of Intent
(NOI) [Appendix 3] to adopt the IS/ND or IS/MND which specifies the following:
(a) public review period, (b) any public hearing on the project or decision date, (c)
project description, (d) statement indicating where the administrative record and
environmental document are available for public review, and (e) specification
whether the project site is listed as a hazardous site. Planner sends a copy of the NOI
and proposed IS/ND and IS/MND to relevant agencies and parties requesting notice.
6. Planner sends NOI to County Clerk Recorder to post for 20 days. Postcards are also
sent out on this day to the property owners surrounding the project site. No fee is
required for posting the Notice of Intent.
7. The City must notify any public agency which comments on the IS/ND of the public
hearing(s) or decision date, if any, for the proposed project. Written notice may be in
the form of a postcard using the Planning Division's existing format.
8. If comments are received during the specified public review period, Planner may use
his/her discretion as to providing a formal response to comments. CEQA does not
require a formal written response to comments, but Planner should provide adequate
information on the public record responding to any substantive comments. Responses
to substantive comments are noted in the public record, or responses are provided at
the public hearing.
Page 5
CEQA POLICIES AND PROCEDURES MANUAL
sta Mesa
9. For staff reports going to the Planning Commission and/or City Council, the Planner
attaches the environmental document. The Planner prepares a resolution to include
all findings for the IS/ND or IS/MND based on CEQA requirements. If mitigation
measures are proposed in an IS/MND, they are also included as conditions of
approval. When adopting an environmental document, the City must specify the
location and custodian of material constituting the record of proceedings. This
language is specified in the resolution.
10. For projects that do not require a resolution for approval, the Planner chooses findings
from the standard list to include in the IS/ND. If mitigation measures are proposed in
an IS/MND, they are also included as conditions of approval.
11. Following approval of a project with an IS/MND, the Planner ensures that the a copy
of the mitigation measures is provided to the applicant and to the appropriate
personnel such as other City departments and agencies with mitigation monitoring
responsibilities. See Appendix 9 for mitigation monitoring procedures.
12. Large projects and projects of areawide significance require more processing. See
appropriate sections of the CEQA Guidelines.
13. The City must adopt the negative declaration within 180 days from the date the
application is deemed complete.
14. Within 24 hours of the project being adopted, Planner completes a Notice of
Determination (NOD) and sends the NOD with a $43 check payable to the "County
Clerk Recorder". The Department of Fish and Game form is also attached
(Appendix 8). If the project is initiated by the City, a filing fee is not required. The
Clerk Recorder will return NOD with notation documenting period of posting. The
NOD is filed in the project's address file.
15. The City must approve or disapprove a project with a Negative Declaration within 60
days of adopting the Negative Declaration (Government Code Sec. 65950(a)(3)).
16. Planner should note that environmental documents to be reviewed by state agencies
must be submitted to the State Clearinghouse, P.O. Box 3044, Sacramento, CA
95812-3044. For courier or hand delivery, submit to: 1400 Tenth Street, Suite 222,
Sacramento, CA 95814. Planner sends 15 copies of the IS/ND or IS/MND, observes
the 30 -day public review period, and sends NOD and Department of Fish and Game
form to SCH and County Clerk Recorder after environmental document is adopted.
Page 6
Costa MesaCEQA POLICIES AND PROCEDURES MANUAL
Start
Finish
EXHIBIT D
Environmental Impact Report (EIR) Process
CEQA POLICIES AND PROCEDURES MANUAL
Costa Mesa
6.0 Environmental Impact Report
If the Initial Study shows that the project may have a significant effect, the Lead Agency takes
the third step and prepares an EIR. (CEQA Guidelines §§15080 et seq.) An Environmental
Impact Report (EIR) is the public document used by the governmental agency to analyze the
significant environmental effects of a proposed project, to identify alternatives, and to disclose
possible ways to reduce or avoid the possible environmental damage. An EIR is prepared when
the public agency finds substantial evidence that the project may have a significant effect on the
environment. (CEQA Guidelines §15064(a)(1).) The EIR serves not only to protect the
environment but also to demonstrate to the public that it is being protected. (County of Inyo v.
Yorty, 32 Cal. App. 3d 795.)
CEQA does not require technical perfection in an EIR, but rather adequacy, completeness, and a
good -faith effort at full disclosure. A court does not pass upon the correctness of an EIR's
environmental conclusions, but only determines if the EIR is sufficient as an informational
document (Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692). Exhibit
D describes the EIR process, time constraints, and documents requiring posting.
Procedure for Consultant Selection
Application
L After making the determination to prepare an EIR, Planner requests submittal of
complete application. Processing time periods start when application is deemed
complete.
2. City must certify EIR within one year although time extensions are allowed.
3. Planner assigns consecutive EIR number according to log and starts EIR file.
Request for Proposal (RFP)
Staff may directly select consultants based on prior or similar experience with the
proposed project. If staff decides to issue a request for proposals, the process is
described below.
1. A minimum of three Requests for Proposals (RFPs) shall be sent to consulting
firms which have relevant experience to the type of EIR required. At that time, the
consultant will be informed of time schedule, budget, and other considerations.
2. RFP should include:
a. Initial Study and site plan;
b. Request for specific subconsultants, if necessary;
Page 7
Costa l�/Iesa CEQA POLICIES AND PROCEDURES MANUAL
c. Description of alternatives;
d. List of meetings with staff and applicant;
e. List of public hearings requiring consultant attendance (at least 6 hearings
including: 2 Planning Commission study sessions, 2 Planning Commission
hearings, 2 City Council hearings);
f. Due date for proposal;
g. Scope of work and draft time schedule. Work products may include:
1) Notice of Preparation
2) 1" and 2nd screencheck EIR — 6 copies each
3) Draft EIR — approximately 100 copies
4) Screencheck and Final EIR/Comments and Responses (6 copies)
5) Screencheck and final Statements of Facts and Findings and Overriding
Considerations (6 copies)
6) Final EIR and Appendices
3. Sample RFP's may be found in past EIR files. For complex projects, planner and
supervisor may wish to meet with firms receiving RFP's prior to their submittals.
4. Planner reviews proposals and selects consultant with supervisor input. For
complex projects, an interview with consultants may be necessary. Planner
advises applicant of approximate costs. Planner sends thank -you letters to other
consultants.
Consultant Contract
1. The Consultant Contract requires Council action.
2. Planner uses standard EIR contract. Any changes made to the standard consultant
contract must be approved by the supervisor and City Attorney.
3. Planner specifies the execution date of the contract. Public Resources Code
Guidelines §21151.5 provides that if a draft EIR, EIR, or focused EIR is to be
prepared under contract to a local agency, the contract shall be executed within 45
days from the date on which the agency releases a notice of preparation. This
limit may be extended in the face of compelling circumstances, with the approval
of the project applicant.
4. Planner attaches consultant's proposal and a processing time schedule.
5. Department Secretary makes 5 copies of the contract. Signatures are obtained on
all copies in the following order: applicant, consultant, City.
Page 8
Costa Mesa CEQA POLICIES AND PROCEDURES MANUAL
6. Department Secretary provides signed copy to: applicant, consultant, Planning
(EIR file), City Clerk, Finance.
Kick -Off Meeting
1. Planner sets up meeting between consultant, applicant and all pertinent
departments. Refine project description and alternatives, which are both
reasonable and able to reduce potential impacts.
2. Planner provides an EIR project schedule with project deadlines and deliverables
to project team.
Notice of Preparation
The environmental consultant or the City shall send to each Responsible Agency a Notice of
Preparation stating that an Environmental Impact Report is to be prepared. This notice shall also
be sent to every federal agency involved in approving or funding the project and to each Trustee
Agency responsible for natural resources affected by the project. The Notice of Preparation
shall provide the Responsible Agencies with sufficient information describing the project and the
potential environmental effects to enable the Responsible Agencies to make a meaningful
response.
1. Planner uses standard NOP form (Appendix 4.)
2. Planner attaches Initial Study. See CEQA Guidelines for exceptions.
3. Using the City's master distribution list, the NOP is sent out via certified mail.
4. Planner specifies the 30 -day review period. Responsible Agencies and Trustee
Agencies shall provide a response to the NOP to the City within 30 days after receipt
of the notice. If a Responsible Agency fails to reply within the 30 days with either a
response or a well justified request for additional time, the City may assume that the
Responsible Agency has no response to make and may decide not to respond to a late
comment letter (CEQA Guidelines §§15082(b)(2) and 15103; Public Resources Code
Sec. 21080.4).
5. When there is a Responsible or Trustee state agency involved in a project, a copy of
the NOP also must be sent to State Clearinghouse (SCM. The City's distribution list
for the NOP should be attached to SCH's copy of the NOP. Filing the NOP and
distribution list with SCH helps ensure that no Responsible or Trustee state agencies
have been overlooked.
Page 9
Costa Mesa CEQA POLICIES AND PROCEDURES MANUAL
6. The NOP is also sent to County Clerk for 30 days posting. No fee is required for
posting the Notice of Preparation.
7. Planner forwards a copy of all written comments received about NOP as they come in
to consultant for inclusion in Draft EIR. Original Draft EIR file is retained in the file.
8. When the NOP is submitted to the State Clearinghouse, the state identification
number issued by the Clearinghouse shall be used for all subsequent environmental
documents on the project. Planner should reference the identification number on all
subsequent correspondence regarding the project, specifically on the title page of the
draft and final EIR and on the Notice of Determination.
Review Screencheck EIR
1. Planner distributes screencheck EIR to Transportation Services and any other
appropriate department supervisor for review.
2. Planner reviews comments from all City staff for consistency and accuracy. All
comments shall be collected and returned to consultant. To accomplish this,
especially if there are multiple staff members reviewing the EIR, Planner makes a
copy of "pages with comments" and combines all pages in sequential order into a
single packet.
3. A copy of the packet of comments is sent to the consultant for incorporation into the
second screencheck EIR. NOTE: This first review is the most important and needs to
be very thorough. Planner checks that all calculations and assumptions are correct and
that the document is consistent. Consult with other departments as necessary with
regard to their areas of expertise.
4. Consultant makes the necessary changes to the first screencheck EIR and delivers
second one to the City.
5. Planner checks to make sure all corrections were made or requests for additional
information were satisfied. There should be few if any corrections needed at this
point. Any minor changes are returned to consultant for preparation of Draft EIR.
6. Planner prepares Distribution Letter and Distribution List. Specify the appropriate
30 -or 45 -day review period based on the following: the public review period for a
draft EIR shall not be less than 30 days nor should it be longer than 60 days except
under unusual circumstances. When a draft EIR is submitted to the State
Clearinghouse for review by state agencies, the public review period shall not be less
than 45 days, unless a shorter period, not less than 30 days, is approved by the State
Clearinghouse.
i
Page 10
r
Costal�tlesa CEQA POLICIES AND PROCEDURES MANUAL
Costa M4!eslaa
7. Planner prepares the Display Ad AND completes the "Notice of Availability" (NOA)
form (Appendix 6). Specify anticipated review period, project description and
location, where EIR is available for review, and that you may purchase them at City
Hall, and date, time, and place of hearing.
8. Planner sends Notice of Availability to County Clerk to post for 30 days. The notice
should be posted within 24 hours. The publication date of the Notice of Availability
is the same day the review period starts. No fee is required for posting.
9. Planner provides display ad to newspaper at least one week in advance before it needs
to be published. Keep in mind that it takes a couple of days to get EIRs to the State.
Distribution of Draft EIR
Consultant delivers Draft EIR to Planning Division.
2. Planner checks for quality and correct number of documents.
3. Department Secretary inserts distribution letter in each EIR.
4. Planner prepares Notice of Completion (NOC) form and makes copy for EIR file
(Appendix 5).
5. When a Draft EIR requires state agency review, Planner sends at least 15 copies to
SCH together with one copy of the NOC form by certified mail. Lead Agencies are
required to submit their Draft EIR and NOC form to SCH when: (a) the Lead Agency
is a state agency, (b) the project involves one or more Responsible or Trustee state
agencies, or (c) the project has statewide, regional, or areawide significance, as
identified in §15206 of the CEQA Guidelines. Submittal of Draft EIRs to SCH must
be done by the City of Costa Mesa or authorized consultant.
6. The state review period typically starts on the same date the Draft EIR is submitted to
the SCH if (a) the document is received by noon, and (b) the submittal is complete.
Documents received in the afternoon typically are distributed by the next working
day. The standard review period for a Draft EIR submitted to SCH is 45 calendar
days (CEQA Guidelines, §15105). Day 1 of the review period is the date the
document is distributed by SCH. The review period ends at 5 p.m. on the 45th
calendar day thereafter. On the day following the close of the review period (i.e., the
46th day), the SCH will prepare and mail a closing letter to the City. Attached to the
closing letter will be copies of any comments received from reviewing
7. Department Secretary distributes other EIRs via certified mail. Department Secretary
notifies mail room ahead to time. Interoffice EIRs are sent to: City Council, Planning
Page 11
C'O r�esal CEQA POLICIES AND PROCEDURES MANUAL
Commission, Project Planner, Development Services Director, City Attorney, City
Manager, Fire, Police, Transportation Services, and others who request it.
8. EIRs are taken to both public libraries and loan copies also made available at the
public counter of City Hall.
9. If the public or any other interested party requests to purchase a copy of the EIR,
Planner may charge for cost of printing EIR.
Public Hearings on Draft EIR during Public Review Period
1. During the Draft EIR review period, Planner has the discretion to schedule a public
hearing before the Planning Commission for the purpose of receiving public
comments on Draft EIR. CEQA does not require formal hearings at any stage of the
environmental review process, and Planner may decide to restrict public comments to
written communication (CEQA Guidelines § 15202).
2. In preparing the staff report, Planner includes a brief discussion of environmental
issues and alternatives in the EIR.
3. Planner shall attend Planning Commission hearing with consultant during review
period. For public hearings soliciting public comment on the Draft EIR, Planning
Commission will officially close the public comment period at the end of the public
hearing. Any comments received during any public hearing following the public
review period will be provided verbally for the public record during that hearing.
4. Planner forwards all comments to consultant, i.e., letters, minutes, phone messages.
Preparation of Final EIR
1. Final EIR consists of the Draft EIR and Comments and Responses, including a list of
who commented on the Draft EIR and any errata. The Draft EIR may remain separate
from the Comments and Responses document but the cover of the latter should read
"Final EIR" and "Comments and Responses".
2. Consultant submits draft of Final EIR/Comments and Responses and the Statements
of Facts and Findings and Overriding Considerations. Planner provides 1 set to City
Attorney for review and comment. All revisions are returned to the consultant.
3. Consultant submits desired number of bound Final EIR/Comments and Responses
and a set of reproducible Findings.
Page 12
Costa Mesa CEQA POLICIES AND PROCEDURES MANUAL
4. Planner distribute Final EIR/Comments and Responses to the applicant or those in the
City that have the Draft EIR. At least 10 days prior to certifying an EIR, the City
must provide a written response to any public agency that comments on the EIR.
Planning Commission Public Hearing on Final EIR
1. For Planning Commission's hearing on Final EIR and project, Planner prepares cover
memo and attaches resolution recommending certification of EIR and copies of the
Final EIR/Comments and Responses. Planner also includes Statements of Facts and
Finding and Overriding Considerations and mitigation monitoring program for
inclusion with resolution recommended project approval.
2. Consultant and Project Planner attend Planning Commission hearings on Final EIR.
City Council Certification of Final EIR
1. With a private project, the City must complete and certify the final EIR as provided in
CEQA Guidelines §15090 within one year after the date the City accepted the
application as complete. The City may provide that the one-year time limit may be
extended once for a period of not more than 90 days upon consent of the City and the
applicant. (CEQA Guidelines § 15110 for special circumstances for waiving the time
limits.)
2. For City Council, Planner prepares cover memo and resolution for certification of
EIR. Planner provides Senior Planner or Supervisor with Statements of Facts and
Findings and Overriding Considerations, if necessary, to attach to another resolution
for project approval. Attend hearing with consultant. Council first certifies the Final
EIR and then approves the project subject to the Findings by adopting two separate
resolutions.
3. Please note: Staff will continue to receive public comments and provide written
responses at ALL public hearings, including the City Council meeting to certify the
Final EIR. At the last public hearing, all public comments will receive a verbal
response and will be noted in the public record.
Preparation of Notice of Determination
1. Planner completes Notice of Determination (NOD) [Appendix 7] and sends
immediately (within 5 days) to Office of Planning and Research. Include a check
from the applicant for $43.00 made out to the County Clerk Recorder. (If this is a city
project, no fee is required.) A Clerk will return after posting 30 days. Keep in file.
Page 13
4u�
Costa Mesa CEQA POLICIES AND PROCEDURES MANUAL
May need to send more than one NOD if various parts of the project are approved at
different hearings. Attach a "Certification of Fee Exemption — De minimis Impact
Finding" for the California Department of Fish and Game to the NOD, if applicable
(Appendix 8). Planner includes a check for $850 if de minimis impact finding is not
made.
2. If the project requires discretionary approval from a state agency, Planner must file
NOD with SCH. The filing and posting of the NOD begins a 30 -day statute of
limitations on court challenges to the project approval under CEQA.
Planner assembles administrative record.
4. Consultant compiles the following into one or more bound Final EIR's:
a. Draft EIR with marginal notations related to Comments and Reponses;
b. Comments and Responses;
c. Revised table of contents;
d. New front cover.
5. Planner files a copy of the final EIR with the appropriate planning agency of any city
and/or county where significant effects on the environment may occur.
6. Planner requires the applicant to provide a copy of the certified, final EIR to each
Responsible Agency (CEQA Guidelines §I5095(d)).
7. Planner retains one or more copies of the final EIR as public records. Planner places
Final EIR and extra copies in library shelf; Disposes of (recycle) any extra copies of
the Draft EIR so as not to confuse them with the Final EIR. One Draft EIR should be
kept for record. A Final EIR does not need to be sent to SCH.
7.0 Mitigation Monitoring Program
The law requires all State and local agencies to establish a reporting or monitoring program for
projects approved by a public agency when the approval includes adoption of a mitigated
negative declaration or the findings related to an environmental impact report ("EIR"). The intent
of the Mitigation Monitoring Program is to ensure the implementation of mitigation measures
that are imposed to avoid or reduce the significant impacts of a project.
Procedure for Mitigation Monitoring Program
The procedures adopted for the monitoring of mitigation measures described in mitigated
negative declarations and EIR's are contained in Appendix 9 of this manual.
Page 14
Costa Mesa CEQA POLICIES AND PROCEDURES MANUAL
8.0 Statement of Facts and Findings
If an environmental document is approved, the Planner must provide a statement of facts and
findings. The statement for an initial study will differ from an EIR (see below).
Findings for Initial Study
Planner must ensure that the statement of facts and findings for an initial study is comprised of
the following.
1. The initial study shows that there is no substantial evidence that the project may have a
significant effect on the environment; or,
2. The initial study identified potentially significant effects but:
a. Revisions in the project plans or proposals made by or agreed to by the
applicant before the proposed negative declaration is released for public
review would avoid the effects or mitigate the effects to a point where clearly
no significant effects would occur; and
b. There is no substantial evidence before the agency that the project as revised
may have a significant effect on the environment.
Findings for EIR
If after preparation of an EIR, the City of Costa Mesa decides to approve a project despite its
significant adverse impacts, the City must adopt appropriate findings. For each significant effect
identified in the EIR, the Planner/Consultant must make one or more of the following findings:
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by such
other agency.
3. Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained workers,
make infeasible the mitigation measures or project alternatives identified in
the Final EIR.
Public Resources Code §21081, CEQA Guidelines §§15091(a) and 15092.
Page 15
CEQA POLICIES AND PROCEDURES MANUAL
Costa Mesa
9.0 Statement of Overriding Considerations
If, despite adoption of all feasible mitigation measures and/or alternatives, there remain
unavoidable adverse impacts, then the City of Costa Mesa must also adopt a statement of
overriding considerations. Where a project will cause significant adverse environmental effects
that are not "at least substantially mitigated", the City can still approve the project if the benefits
of the proposed project outweigh the unavoidable adverse environmental effects (CEQA
Guidelines §15093). In that situation, the City's adoption of a statement of overriding
considerations will set forth the City's specific reasons for balancing competing policies and
factors as it did (CEQA Guidelines §I5093(b)).
1. Planner ensures that the statement of overriding considerations must be based on
the EIR or other information in the record (CEQA Guidelines §15093(b)). The
statement must be supported by substantial evidence.
2. Planner verifies that the record contains some documentation of the benefits. This
may take the form of a "fiscal impact study" or other input from applicant, staff,
or consultants.
10.0 CEQA Review for Internal City Departments
1. When another City Department proposes a project, the Planning Division shall be
responsible for all environmental processing. However, any consultant or filing
fee costs shall be paid by the Department proposing the project.
2. Planner completes Initial Study and makes environmental determination. Most
public works projects will be categorically exempt, where no further action is
necessary.
3. If a project requires a Negative Declaration or EIR, the planner shall prepare
environmental documents or oversee preparation if consultants are hired.
4. City Department shall prepare any staff reports and instruct City Council to adopt
Negative Declaration or EIR at the time of project approval.
5. Planner shall file a Notice of Determination for the project accompanied by the
appropriate filing fee. If this is a City project, no filing fee is required.
Page 16
Costa Mesa CEQA POLICIES AND PROCEDURES MANUAL
11.0 CEQA Review for Outside Agencies
1. During the 30 -day review period, Planner receives environmental documents from
outside agencies. This review may include a written comment letter to Notice of
Preparation, General Plan EIRs from surrounding cities, and major development
proposals in other cities which may impact Costa Mesa.
2. As a Responsible Agency, the City shall provide the Lead Agency with specific
detail about the scope and content of the environmental information related to the
City of Costa Mesa, as a Responsible Agency, area of statutory responsibility
which must be included in the draft EIR.
3. After careful review of significant impacts and other critical issues, Planner
prepares a comment letter and submits it to the Lead Agency/project proponent
before the deadline of the review period. Planner shall allow time to coordinate
with other City Departments (Transportation, Public Works, etc.) to discuss key
issues. Please note: a generalized list of concerns not related to the specific
project will not constitute an appropriate response under CEQA.
4. Planner must respond within 30 days or comments may not be accepted by the
Lead Agency.
5. If significant comments are made, Planner will receive a Response to Comments
packet from the Lead Agency. Planner must review the responses to ensure that
any concerns the City raised are appropriately addressed in the environmental
document.
Page 17
-� �l
^� CEQA POLICIES AND PROCEDURES MANUAL
Costa Mesa
Appendix 1
Notice of Exemption
NOTICE OF EXEMPTION
To: ❑ Office of Planning and Research From: City of Costa Mesa
1400 Tenth Street, Room 121 Development Services Dept.
Sacramento, CA 95814 77 Fair Drive, P.O. Box 1200
Costa Mesa, CA 92628
❑ County Clerk -Recorder
County of Orange ❑ $43 Filing Fee Attached
P.O. Box 238, Santa Ana, CA 92702-0238 ❑ No Fee — City projects exempt from filing fee
Project Title:
Project Location:
Project Location — City: Costa Mesa Project Location — County: Orange Co.
Description of Nature, Purpose, and Beneficiaries of Project:
Name of Public Agency Approving Project: City of Costa Mesa
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(a));
❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
❑ Categorical Exemption. State type and section number:
❑ Statutory Exemptions. State code number:
Reasons why project is exempt:
Lead Agency Contact Person: Phone:
If filed by applicant:
1. Attach certified document of
exemption finding.
2. Has a Notice of Exemption been ❑ Yes F] No
filed by the public agency approving
the project?
Signature: Date: Title:
FISH & GAME FEES: Pursuant to Section 711.4(c)(2)(A) of the California Fish and Game Code, the project is exempt from fees since it is exempt from CEQA.
Signed by Lead Agency Date received for filing at OPR:
❑ Signed by Applicant
d
Filed with the County Clerk: ❑ Yes ❑ No
Date Filed:
Form Updated November 2001
Costa Mesa CEQA POLICIES AND PROCEDURES MANUAL
Appendix 2
Initial Study Checklist
INITIAL STUDY OF ENVIRONMENTAL IMPACTS
I. BACKGROUND
1. File Number(s):
2. Name & Address of Applicant:
3. Project Location:
4. General Plan:
5. Zoning:
6. Project Description:
7. Surrounding land uses and setting:
8. Other public agencies whose approval is required:
II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below have the potential to be significantly impacted by this project,
as indicated in Section IV.
❑ Aesthetics
❑
Agriculture
❑
Air Quality
❑ Biological Resources
❑
Cultural Resources
❑
Geology/Soils
❑ Hazards & Hazardous Materials
❑
Hydrology/Water Quality
❑
Land Use/Planning
❑ Mineral Resources
❑
Noise
❑
Population/Housing
❑ Public Services
❑
Recreation
❑
Transportation/Traffic
❑ Utilities
❑
Mandatory Findings of Significance
Initial Study Page I
III. CITY OF COSTA MESA 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.
I 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 revisions or mitigation measures that are imposed
upon the propose project, nothing further is required.
Signature
Title
Initial Study
Date
Page 2
IV. EVALUATION OF ENVIRONMENTAL IMPACTS
SOURCE:
II. AGRICULTURAL RESOURCES. Would the project:
(a) Convert prime farmland, unique farmland, or farmland of ❑ ® 0
statewide importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitor-
ing Program of the California Resources Agency, to non-
agricultural use?
(b) Involve other changes in the existing environment which, 11 ® 11
El
due to their location or nature, could result in conversion of
Farmland, to non-agricultural use?
DISCUSSION:
SOURCE:
III. AIR QUALITY. Would the project:
Less Than
(a) Conflict with or obstruct implementation of the applicable
Significant
El
air quality plan?
Potentially
With
Less Than
(b) Violate any air quality standard or contribute substantially
Significant
Mitigation
Significant
No
TOPICS
Impact
Incorporated
Impact
Impact
I. AESTHETICS. Would the project:
(a) Have a substantial adverse effect on a scenic vista?
rl
(b) Substantially damage scenic resources, including, but not
❑
0
limited to, trees, rock outcroppings, and historic building?
(c) Substantially degrade the existing visual character or qual-
❑
®
❑
El
ity of the site and its surroundings?
(d) Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the area?
DISCUSSION:
SOURCE:
II. AGRICULTURAL RESOURCES. Would the project:
(a) Convert prime farmland, unique farmland, or farmland of ❑ ® 0
statewide importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitor-
ing Program of the California Resources Agency, to non-
agricultural use?
(b) Involve other changes in the existing environment which, 11 ® 11
El
due to their location or nature, could result in conversion of
Farmland, to non-agricultural use?
DISCUSSION:
SOURCE:
III. AIR QUALITY. Would the project:
(a) Conflict with or obstruct implementation of the applicable
El
air quality plan?
(b) Violate any air quality standard or contribute substantially
El
to an existing or projected air quality violation?
(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 ex-
ceed quantitative thresholds for ozone precursors)?
Initial Study Page 3
TOPICS
(d) Expose sensitive receptors to substantial pollutant concen-
trations?
(e) Create objectionable odors affecting a substantial number
of people?
DISCUSSION:
SOURCE:
IV. BIOLOGICAL RESOURCES. Would the project:
(a)
Less Than
❑ ❑ ❑ ❑
habitat modifications, on any species identified as a candi-
Significant
date, sensitive, or special status species in local or regional
Potentially
With
Less Than
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
❑
❑
❑
❑
❑
❑
❑
❑
(a)
Have a substantial adverse effect, either directly or through
❑ ❑ ❑ ❑
habitat modifications, on any species identified as a candi-
date, sensitive, or special status species in local or regional
plans policies, or regulations, or by the California Depart-
ment of Fish and Game or U.S. Fish and Wildlife Service?
(b)
Have a substantial adverse effect on any riparian habitat or
® ❑ ❑
other sensitive natural community identified in local or re-
gional plans, policies, regulations or by the California De-
partment of Fish and Game or U.S. Fish and Wildlife Ser-
vice?
(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 interrup-
tion, or other means?
(d)
Interfere substantially with the movement of any native
❑ ❑ ❑ ❑
resident or migratory fish or wildlife species or with estab-
lished native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
(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 Conser-
❑ ❑ ❑ ❑
vation Plan, Natural Community Conservation Plan, or other
approved local, regional, or state habitat conservation
plan?
Initial Study Page 4
Less Than
Significant
Potentially
with
Less Than
Significant
Mitigation
Significant
No
TOPICS
Impact
Incorporated
Impact
Impact
DISCUSSION:
SOURCE:
6A
V. CULTURAL RESOURCES. Would the project:
(a) Cause a substantial adverse change in the significance of a
historical resource as defined in Title 13, Chapter IX, Article
14 of the Costa Municipal Code?
(b) Cause a substantial adverse change in the significance of
❑
❑
0
an archaeological resource pursuant to CEQA Guidelines,
Section 15064.5?
(c) Directly or indirectly destroy a unique paleontological re-
source or site or unique geologic feature?
(d) Disturb any human remains, including those interred out-
side of formal cemeteries?
DISCUSSION:
,SOURCE:
r
VI. GEOLOGY AND SOILS. Would the project:
(a) Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury, or death involving:
1. Rupture of a known earthquake fault, as delineated on
❑
11
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?
2. Strong seismic ground shaking?
El
11
11
El
3. Seismic -related ground failure, including lique-faction?
®
❑
®
E]
4. Landslides?
11
El
n
` (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 po-
tentially result in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
(d) Be located on expansive soil?
Initial Study
Page 5
Less Than
Significant
Potentially With Less Than
TOPICS Significant Mitigation Significant No
Impact Incorporated Impact Impact
DISCUSSION:
SOURCE:
VII. HAZARDS & HAZARDOUS MATERIALS. Would the project:
(a)
Create a significant hazard to the public or the environment
11
0
11
through the routine transport, use, or disposal of hazard-
ous materials?
(b)
Create a significant hazard to the public or the environment
®
0
11
11
through reasonably foreseeable upset and accident condi-
tions involving the release of hazardous materials into the
environment?
(c)
Emit hazardous emissions or handle hazardous or acutely
0
13
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
(d)
Be located on a site which is included on a list of Govern-
El
El
ment Code Section 65962.5 and, as a result, would it cre-
ate a significant hazard to the public or the environment?
(e)
For a project located within the airport environs land use
El
El
11
plan, would the project result in a safety hazard for people
residing or working in the project area?
(f)
For a project within the vicinity of a private helipad or air-
13
strip, would the project result in a safety hazard for people
residing in the project working area?
(g)
Impair implementation of, or physically interfere with an
adopted emergency response plan or emergency evacua-
tion plan?
(h)
Expose people or structures to a significant risk of loss,
injury or death involving wild land fires, including where
wild lands are adjacent to urbanized areas or where resi-
dences are intermixed with wild lands?
DISCUSSION:
SOURCE:
Initial Study
Page 6
DISCUSSION:
SOURCE:
IX. LAND USE AND PLANNING. Would the project:
(a) Physically divide an established community? ❑ El 13 11
(b) Conflict with any applicable land use plan, policy, or regula-
tion of an agency with jurisdiction over the project (includ-
ing, but not limited to the general plan, specific plan, rede-
velopment plan, local coastal program, or zoning ordi-
nance) adopted for the purpose of avoiding or mitigating
an environmental effect?
Initial Study Page 7
Less Than
Significant
Potentially
With
Less Than
Significant
Mitigation
Significant
No
TOPICS
Impact
Incorporated
Impact
Impact
VIII. HYDROLOGY & WATER QUALITY. Would the project:
(a)
Violate any water quality standards or waste discharge re-
❑
❑
quirements?
(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 the site
El
11
or area, including through the alteration of the course of a
stream or river, in a manner which would result in substan-
tial erosion or siltation on- or off-site?
(d)
Substantially alter the existing drainage pattern of the site
®
❑
1
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 flood-
ing on- or off-site?
(e)
Create or contribute runoff water which would exceed the
❑
0
capacity of existing or planned storm water drainage sys-
tems or provide substantial additional sources of polluted
runoff?
(f)
Otherwise substantially degrade water quality?
11
(g)
Place housing within a 100 -year flood hazard area as
❑
mapped on a federal Flood Hazard Boundary or Flood In-
surance Rate Map or other flood hazard delineation map?
(h)
Place within a 100 -year flood hazard area structures which
❑
11
would impede or redirect flood flows?
(i)
Expose people or structures to a significant risk of loss,
El
11
13
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?
❑
DISCUSSION:
SOURCE:
IX. LAND USE AND PLANNING. Would the project:
(a) Physically divide an established community? ❑ El 13 11
(b) Conflict with any applicable land use plan, policy, or regula-
tion of an agency with jurisdiction over the project (includ-
ing, but not limited to the general plan, specific plan, rede-
velopment plan, local coastal program, or zoning ordi-
nance) adopted for the purpose of avoiding or mitigating
an environmental effect?
Initial Study Page 7
TOPICS
(c) Conflict with any applicable habitat conservation plan or
natural community conservation plan?
DISCUSSION:
SOURCE:
X. NOISE.
(a)
Less Than
❑
❑
Significant
Potentially
With
Less Than
Significant
Mitigation
Significant No
Impact
Incorporated
Impact Impact
❑
❑
❑ ❑
(a)
Exposure of persons to, or generation of noise levels in
❑
❑
❑
excess of standards established in the Costa Mesa General
Plan and noise ordinance?
(b)
Exposure of persons to, or generation of excessive ground-
❑
❑
❑
11
borne vibration or ground -borne noise levels?
(c)
A substantial permanent increase in ambient noise levels in
❑
❑
❑
❑
the project vicinity above levels existing without the pro-
ject.
(d)
A substantial temporary or periodic increase in ambient
❑
❑
❑
❑
noise levels in the project vicinity above levels existing
without the project?
(e)
For a project located within the airport environs land use
❑
❑
❑
❑
plan, would the project expose people residing or working
in the project are to excessive noise levels?
(f)
For a project within the vicinity of a private helipad or air-
❑
®
❑
❑
strip, would the project expose people residing or working
in the project area to excessive noise levels?
DISCUSSION:
SOURCE:
XI. POPULATION AND HOUSING. Would the project:
(a) Induce substantial population growth in an area, either ❑ ❑ ❑
directly (for example, by proposing new homes and busi-
nesses) or, indirectly (for example, through extension of
roads or other infrastructure)?
(b) Displace substantial numbers of existing housing, necessi- ® ❑ ❑ ❑
tating the construction of replacement housing elsewhere?
Initial Study Page 8
SOURCE:
XII. PUBLIC SERVICES.
Less Than
(a) Would the project result in substantial adverse physical
Significant
Potentially
With
Less Than
Significant
Mitigation
Significant No
TOPICS
Impact
Incorporated
Impact Impact
(c) Displace substantial numbers of people, necessitating the
®
®
0
construction of replacement housing elsewhere?
could cause significant environmental impacts, in order to
DISCUSSION:
maintain acceptable service ratios, response times or other
SOURCE:
XII. PUBLIC SERVICES.
(a) 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 public services:
1. Fire protection?
❑
E]
2. Police protection?
11
11
11
1:1
3. Schools?
4. Parks?
6. Other public facilities?
DISCUSSION:
SOURCE:
XIII. RECREATION.
(a) Would the project increase the use of existing neighbor-
hood 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?
Initial Study Page 9
f
f
t
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
TOPICS Impact Incorporated Impact Impact
DISCUSSION:
SOURCE:
XIV. TRANSPORTATIONITRAFFIC. Would the project:
(a)
Cause an increase in traffic which is substantial in relation
11
El
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 ratio on roads, or congestion at
intersections)?
(b)
Exceed, either individually or cumulatively, a level of ser-
El
vice standard established by the City of Costa Mesa General
Plan for designated intersections?
(c)
Exceed the trip budget for the property as established the
City of Costa Mesa General Plan?
(d)
Result in a change in air traffic patterns, including either an
El
increase in traffic levels or a change in location that results
in substantial safety risks?
(e)
Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or incom-
patible uses?
(f)
Result in inadequate emergency access?
®
E
(g)
Result in inadequate parking capacity?
(h)
Conflict with adopted policies, plans or programs support-
13
13
1:1
ing alternative transportation (e.g., bus tarnouts, bicycle
racks)?
DISCUSSION:
SOURCE:
XV. UTILITIES & SERVICE SYSTEMS. Would the project:
(a) Exceed wastewater treatment requirements of the applica-
ble Regional Water Quality Control Board?
(b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing ® ® ® ® r
facilities, the construction of which could cause significant
environmental effects?
Initial Study Page 10
SOURCE:
XVI. MANDATORY FINDINGS OF SIGNIFICANCE
(a) Does the project have the potential to degrade the quality
of environment; substantially reduce the habitat of a fish or
Less Than
a wildlife species; cause a fish or wildlife population or drop
below self-sustaining levels; threaten to eliminate a plant or
animal community; reduce the number or restrict the range
Significant
of a rare or endangered plant or animal; or eliminate im-
portant examples of the major periods of California history
Potentially
With
Less Than
El 11 1:1 11
but cumulatively considerable? (Cumulatively considerable"
Significant
Mitigation
Significant
No
TOPICS
Impact
Incorporated
Impact
Impact
(c)
Require or result in the construction of new storm water
❑
®
®
❑
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
(d)
Have sufficient water supplies available to serve the project
0
❑
❑
from existing entitlements and resources, or are new or
expanded entitlements needed?
(e)
Result in a determination by the wastewater treatment
0
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 regula-
tions related to solid waste?
DISCUSSION:
SOURCE:
XVI. MANDATORY FINDINGS OF SIGNIFICANCE
(a) Does the project have the potential to degrade the quality
of environment; substantially reduce the habitat of a fish or
a wildlife species; cause a fish or wildlife population or drop
below self-sustaining levels; threaten to eliminate a plant or
animal community; reduce the number or restrict the range
of a rare or endangered plant or animal; or eliminate im-
portant examples of the major periods of California history
or prehistory?
(b) Does the project have impacts that are individually limited,
El 11 1:1 11
but cumulatively considerable? (Cumulatively considerable"
means that the incremental effects of a project are consid-
erable when viewed in connection with the effects of past
projects, and the effects of probable future projects)?
(c) Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly?
Initial Study Page 11
Less Than
Significant
Potentially With
Less Than
Significant Mitigation
Significant No
TOPICS Impact Incorporated
Impact Impact
DISCUSSION:
SOURCE:
Initial Study
Page 12
Costa Mesa CEQA POLICIES AND PROCEDURES MANUAL
Appendix 3
Notice of Intent
NOTICE OF INTENT
To: ❑ Office of Planning and Research From: City of Costa Mesa
1400 Tenth Street, Room 121 Development Services Dept.
Sacramento, CA 95814 77 Fair Drive, P.O. Box 1200
Costa Mesa, CA 92628
❑ County Clerk -Recorder
County of Orange
P.O. Box 238, Santa Ana, CA 92702-0238 0 Post for 20 days — No Filing Fee Applicable
Pursuant to the State of California Public Resources Code and the "Guidelines for Implementation of
€ " the California Environmental Quality Act," as amended to date, the City of Costa Mesa proposes to
adopt a ❑ Negative Declaration / ❑ Mitigated Negative Declaration for the project described below.
Project Title
Project Location:
Project Description:
Public Review Period:
Comments on the environmental document will be received from
through at the City of Costa Mesa, Development Services Dept.,
77 Fair Drive, P.O. Box 1200, Costa Mesa, CA 92628-1200.
Public Hearing:
The Planning Commission will consider the proposed project and the ❑ Negative Declaration /
❑ Mitigated Negative Declaration in a public hearing scheduled for
at 6:30 p.m., or as soon as possible thereafter, at the City of Costa Mesa Council Chambers located at
the above address. Oral or written comments will be heard at this time. For more information, call the
Planning Division at (714) 754-5245.
Document Availability:
Copies of the Initial Study and ❑ Negative Declaration / ❑ Mitigated Negative Declaration are
available for public review at the following locations: (a) City of Costa Mesa, Public Counter, 77 Fair
Drive, Costa Mesa, CA, (b) Mesa Verde Library, 2969 Mesa Verde Drive, East, (c) Orange County
Public Library - Park Avenue Branch, 1855 Park Avenue.
SIGNATURE (PUBLIC AGENCY) DATE TITLE
Form Updated November, 2001
Costa MesaCEQA POLICIES AND PROCEDURES MANUAL
Notice of Preparation
NOTICE OF PREPARATION
To: County Clerk -Recorder From: From: City of Costa Mesa
County of Orange Development Services Dept.
P.O. Box 238, Santa Ana, CA 92702-0238 77 Fair Drive, P.O. Box 1200
Costa Mesa, CA 92628
Q Post for 30 days — No Filing Fee Applicable
❑ DISTRIBUTION LIST
SUBJECT: NOTICE OF PREPARATION OF DRAFT ENVIRONMENTAL IMPACT REPORT
The City of Costa Mesa will be the Lead Agency and will prepare an environmental impact report for
the project identified below. The City needs 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 / ❑ is not) 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 the date specified below.
Please send your response to at the address shown above. Please also include the name for a contact
person in your agency.
Project Title
Project Applicant, if any
Date
Signature
Title
Telephone
Reference: California Code of Regulations, Title 14, (CEQA Guidelines) Sections 15082(a), 15103, 15375.
Form Updated November, 2001
CEQA POLICIES AND PROCEDURES MANUAL
Costa Mesa
Appendix 5
Notice of Completion
CEQA: California Environmental Quality Act
NOTICE OF COMPLETION
State of California
Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
Project Title:
Project Location - Specific:
Project Location - City:
Project Location - County:
Description of Nature, Purpose, and Beneficiaries of Project:
Lead Agency: Division:
Address Where Copy of EIR is Available:
Review Period:
Contact Person:
Area Code/Phone/Extension:
Revised March 1986
Mail to: State Clearinghouse, 1400 Tenth Street, Room 121, Sacramento, CA 95814 - 916/445-0613 See NOTE below
Notice of Completion and Environmental Document Transmittal Form SCH #
1. Project Title: _
2. Lead Agency: _
3a. Street Address:
3c. County:
Project Location
4. County:
3d. Zip:
3. Contact Person:
3b. City:
3e. Phone:
4a. City/Community:
4b. Assessor's Parcel No. 4c. Section: Twp. _
5a. Cross Streets: 5b. For Rural, Nearest Community:
6. Within 2 Miles: a. State Hwy #: b. Airports: _
c. Railways: d. Waterways: ,
7. Document Type
CEQA:
❑ 01. NOP
❑ 02. Early Cons
❑ 03. Neg Dec
❑ 04. Draft EIR
❑ 05. Supplement/Subsequent
EIR (Prior SCH No.)
[-106. NOE
❑ 07. NOC
❑ 08. NOD
NEPA:
❑ 09. NOI
❑ 10. PONSI
❑ 11. Draft EIS
❑ 12. EA
Other:
❑ 13. Joint Document
[-114. Final Document
❑ 15. Other
10. Total Acres:
8. Local Action Type
❑ 01. General Plan Update
❑ 02. New Element
❑ 03. General Plan Amendment
❑ 04. Master Plan
❑ 05. Annexation
❑ 06. Specific Plan
❑ 07. Community Plan
❑ 08. Redevelopment
❑ 09. Rezone
❑ 10. Land Division (Subdivision,
Parcel Map, Tract Map, etc.)
❑ 11. Use Permit
❑ 12. Waste Mgmt Plan
❑ 13. Cancel Ag Preserve
❑ 14. Other
12. Project Issues Discussed in Document
Range: Base:
9. Development Type
❑ 01. Residential: Units Acres
❑ 02. Office: Sqft. Acres
Employees
❑ 03. Shopping/Commercial: Sq ft Acres-
Employees-
E]
cresEmployees❑ 04. Industrial: Sgft. Acres
Employees
❑ 05. Water Facilities: Type
MGD
❑ 06. Transportation: Type
❑ 07. Mining: Mineral
❑ 08. Power: Type Watts
❑ 09. Waste Treatment: Type
❑ 10.00S Related
❑ 11. Other:
11. Total Jobs Created:
❑ 01. Aesthetic/Visual
❑ 09. Geologic/Seismic
❑ 17. Social
❑ 02. Agricultural Land
❑ 10. Jobs/Housing Balance
. ❑ 18. Soil Erosion
❑ 03. Air Quality
❑ 11. Minerals
❑ 19. Solid Waste
❑ 04. Archeological/Historical
❑ 12, Noise
❑ 20. Toxic/Hazardous
❑ 05. Coastal Zone
❑ 13. Public Services
❑ 21. Traffic/Circulation
[-106. Economic
❑ 14. Schools
❑ 22. Vegetation
❑ 07, Fire Hazard
❑ 15. Septic Systems
❑ 23. Water Quality
❑ 08. Flooding/Drainage
❑ 16. Sewer Capacity
❑ 24. Water Supply
13. Funding (approx.): Federal $
State $
14. Present Land Use and Zoning:
15. Project Description:
16. Signature of Lead Agency Representative:
❑ 25. Wetland/Riparian
❑ 26. Wildlife
❑ 27. Growth Inducing
❑ 28. Incompatible Landuse
❑ 29. Cumulative Effects
❑ 30. Other
Total
Date:
NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. from a Notice of Preparation or
previous draft document) please fill it in.
Form Revised April 1986 - Replaces CA 189 Mark distribution on reverse
Reviewing Agencies
❑ Resources Agency
❑ Boating/Waterways
❑ Conservation
❑ Fish and Game
❑ Forestry
❑ Colorado River Board
❑ Dept. Water Resources
❑ Reclamation
❑ Parks and Recreation
❑ Office of Historic Preservation
❑ Native American Heritage Commission
❑ S. F. Bay Cons. & Dev't Commission
❑ Coastal Commission
❑ Energy Commission
❑ State Lands Commission
❑ Air Resource Board
❑ Solid Waste Management Board
❑. SWRCB: Sacramento
❑ RWQCB: Region #
❑ Water Rights
❑ Water Quality
Date Received at SCH
Date Review Starts
Date to Agencies
Date to SCH
Clearance Date
Notes:
CEQA: California Environmental Quality Act
❑ Caltrans District
❑ Dept. of Transportation Planning
❑ Aeronautics
❑ California Highway Patrol
❑ Housing and Community Development
❑ Statewide Health Planning
❑ Health
❑ Food and Agriculture
❑ Public Utilities Commission
❑ Public Works
❑ Corrections
❑ General Services
❑ OLA
❑ Santa Monica Mountains
❑ TRPA
❑ OPR - OLGA
❑ OPR - Coastal
❑ Bureau of Land Management
❑ Forest Service
❑ Other
❑ Other
For SCH Use Only
Catalog Number
Applicant
Consultant
Contact
Address
Phone
CEQA POLICIES AND PROCEDURES MANUAL
Costa Mesa
Appendix 6
Notice of Availability
NOTICE OF AVAILABILITY
To: F1 Office of Planning and Research
From: City of Costa Mesa
1400 Tenth Street, Room 121
Development Services Dept.
Sacramento, CA 95814
77 Fair Drive, P.O. Box 1200
Costa Mesa, CA 92628
El County Clerk -Recorder
County of Orange
P.O. Box 238, Santa Ana, CA 92702-0238
Rl Post for 30 days — No Filing Fee Applicable
Pursuant to the State of California Public Resources Code and the "Guidelines for Implementation of the California
Environmental Quality Act," as amended to date, the City of Costa Mesa issues this Notice of Availability of the
Draft Environmental Impact Report for the project below.
Project Title
Project Location: [Project Site ❑ is / Cil is not listed as a toxic site.]
Project Description:
Discussion of Significant Environmental Impacts:
Public Review Period:
Comments on the environmental document will be received from
through at the City of Costa Mesa at the above address.
Public Hearing:
The Planning Commission will consider the proposed project and the Draft Environmental Impact
Report in a public hearing scheduled for
at 6:30 p.m., or as soon as possible thereafter, at the City of Costa Mesa Council Chambers located at the above
address. Oral or written comments will be heard at this time. For more information, call the Planning Division at
(714) 754-5245.
Document Availability:
Copies of the Draft EIR and referenced documents are available for public review at the following locations: (a)
City of Costa Mesa, Public Counter, 77 Fair Drive, Costa Mesa, CA, (b) Mesa Verde Library, 2969 Mesa Verde
Drive, East, (c) Orange County Public Library — Park Avenue Branch, 1855 Park Avenue.
SIGNATURE (PUBLIC AGENCY) DATE TITLE
Form Updated November, 2001
Costa Mesa CEQA POLICIES AND PROCEDURES MANUAL
Appendix 7
Notice of Determination
NOTICE OF DETERMINATION
To: ❑ Office of Planning and Research From: City of Costa Mesa
1400 Tenth Street, Room 121 Development Services Dept.
Sacramento, CA 95814 77 Fair Drive, P.O. Box 1200
Costa Mesa, CA 92628
❑ County Clerk -Recorder
County of Orange ❑ $43 Filing Fee Attached
P.O. Box 238, Santa Ana, CA 92702-0238 ❑ No Fee — City projects exempt from filing fee
Subject. Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.
Project Title
STATE CLEARINGHOUSE NUMBER CONTACT PERSON AREA CODE/TELEPHONE/EXTENSION
(If submitted to Clearinghouse)
Project Location:
Project Description:
This is to advise that the City of Costa Mesa has approved the above described
❑ Lead Agency ❑ Responsible Agency
project on and has made the following determinations regarding the
Date
above described project:
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 prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures (❑ were / ❑ were not) made a condition of approval of the project.
4. A statement of Overriding Considerations (❑ was / ❑ was not) adopted for this project.
5. Findings (❑ were / ❑ 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 is available to the
General Public at:
City of Costa Mesa, Development Services Department, Public Counter, 77 Fair Drive, Costa Mesa, CA
Date received for filing and posting at OPR:
SIGNATURE (PUBLIC AGENCY) DATE TITLE
Form Updated November, 2001
Costa Mesa CEQA POLICIES AND PROCEDURES MANUAL
Department of Fish & Game Form
CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FEE EXEMPTION
DE MINMS EVWACT FINDING
PROJECT TITLE/LOCATION (include county):
NAME/ADDRESS OF APPLICANT:
City of Costa Mesa, Development Services Department
77 Fair Drive
Costa Mesa, CA 92628-1200
PROJECT DESCRIPTION:
FINDINGS OF EXEMPTION: (Choose #1 and #2 or #1 and #3)
Q 1. An Initial Study has been conducted by the City of Costa Mesa that evaluates the potential for
adverse environmental impact.
a
El 2. The evidence presented in the record as a whole, indicates that the project will not
individually or cumulatively have ani adverse effect on wildlife resources or habitat.
❑ 3. The Initial Study has identified a potential adverse effect on wildlife resources as described in
Section 753.5(d) of Title 14, CCR, however, the evidence in the record as a whole rebuts that
presumption of adverse effect.
CERTIFICATION:
I hereby certify that the City of Costa Mesa has made the above findings of fact and that based on the
t Initial Study and the record as a whole, the project will not individually or cumulatively have an adverse
effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
R. Michael Robinson, Planning Manager Date
Lead Agency: City of Costa Mesa
Costa MesaCEQA POLICIES AND PROCEDURES MANUAL
l
Appendix 9
Mitigation Monitoring Program
CEQA Policies and Procedures Manual
Mitigation Monitoring Program
I. PURPOSE
The following Mitigation Monitoring Program is hereby established for the City of
Costa Mesa in compliance with California Public Resources Code Section 21081.6
which became effective January 1, 1989. This law adds a step to the CEQA process,
however, it does not amend the State's CEQA Guidelines (14 Cal. Code of Reg.
Sec. 15000 et seg.).
The law requires all State and local agencies to establish a reporting or monitoring
program for projects approved by a public agency when the approval includes
adoption of a mitigated negative declaration or the findings related to an
environmental impact report ("EIR"). The intent of the program is to ensure the
implementation of mitigation measures that are imposed to avoid or reduce the
significant impacts of a project.
The language of the law, attached for reference, allows each public agency the
flexibility to design a program meeting its specific circumstances. The following
procedures formalize those already in practice while adding a new checklist form to
aid in the reporting of mitigation measure compliance.
II. GENERAL PROVISIONS
With adoption of the City's Mitigation Monitoring Program, its provisions will
apply to all project approvals which are subject to Public Resources Code 21081.6.
As approvals occur, the decision maker, i.e., City Council, Planning Commission,
Staff, etc., will adopt the program by reference and will require the following
condition of approval:
In compliance with the City's Mitigation Monitoring Program, the applicant shall
submit a compliance report to the Planning Division along with plans for plan
check, or prior to commencement of the project's activity if no construction is
involved, that lists each mitigation measure and states when and how the mitigation
measures are to be met.
III. MITIGATION MEASURES
The City imposes five types of mitigation measures in terms of monitoring
requirements. A project may have one or more types. For example, a Development
Review for construction of a restaurant may have measures from four of the five
CEQA Policies and Procedures Manual
categories, whereas, a Conditional Use Permit for a business in an existing building
may have only one category of mitigation as described below.
A. Measures that must be satisfied prior to grading or building permit
issuance.
These measures include those to be incorporated into the design of the project
such as a minimum setback, a landscape or acoustical buffer, energy efficient
lighting systems, etc. Payment of certain fees may also be included.
B. Measures that must be satisfied during project construction.
These include measures for erosion control, hours of construction, protection
of existing trees, and others.
C. Measures that must be satisfied prior to occupancy.
Many of these measures are the same as those in category "A" and need
verification in the field.
D. Measures that must be monitored over time after occupancy or
commencement of the activity.
These are operational measures such as TSM (traffic systems management),
noise control, hours of operation, etc. The applicant may be required to submit
periodic reports on the status of these measures. In some cases, monitoring
will be accomplished through the City's Code Enforcement procedures.
E. Measures for projects that do not require building permits.
These measures are for land use approvals and might include noise attenuation
or localized conditions. Compliance may be required prior to issuance of a
business license, subject to a time schedule, or subject to other terms as agreed
upon by the applicant and the City at the time of project approval.
IV. REPORTING AND MONITORING PROCEDURES
A. Each mitigation measure shall be worded to include the details of who is
responsible for complying as well as when and how compliance will be
completed. Mitigation recommended by responsible or other agencies shall be
clearly defined and monitored by those agencies.
B. The Planning Division's Environmental Evaluator(s) shall be responsible for
coordinating the mitigation monitoring and reporting program.
2
CEQA Policies and Procedures Manual
C. For construction projects, the applicant shall submit a compliance report to the
Planning Division as part of the plan check package. The report shall identify
all the mitigation measures and describe how and when they will be
completed.
The Environmental Evaluator shall verify the information in the compliance
report with the aid of other departments such as Building, Engineering, Fire or
whoever is most appropriate. The Environmental Evaluator shall respond by
filling in the Mitigation Monitoring Checklist (see attached example), sending
a copy to the applicant, and keeping one for the file. The form may be filled
out in stages since there are various time frames for completion of the
mitigation measures, i.e., prior to permits, prior to occupancy, etc.
D. For projects not requiring construction permits, the process shall be similar to
"C" above except that the compliance report and checklist form shall be
completed according to the time schedule identified in the mitigation measure.
E. The Environmental Evaluator shall report violations to the Development
Services Director or a designee. Actions necessary to correct the deficiency
may include a meeting with the applicant or a request for legal, Planning
Commission, or City Council action.
Attachments: 1. California Public Resources Code Section 21081.6
2. Mitigation Monitoring Checklist
3
CEQA Policies and Procedures Manual
Helpful CEQA Hints
I. GETTING STARTED
A. Use Previous Environmental Documents
You may use all or part of any existing environmental documentation to apply
to the project at hand. Note this on the PED (i.e. Negative Declaration for PA -
89 -20). Make clear in Staff report and attach Negative Declaration or other
documents used to the report. Remember that all the requirements of a new
Negative Declaration still apply including notice to the newspaper and the
Notice of Determination.
Examples are as follows:
1. Negative Declarations and EIR's for projects similar to the proposed
project, but at a different site.
2. Negative Declarations and EIR's for projects on the same site as the
proposed project.
B. Gather informational resources such as the General Plan, SCAQMD Air
Quality Handbook, CEQA Deskbook
II. ACTIVITIES WHICH TYPICALLY REQUIRE MITIGATION MEASURES
A. Grading — air quality impacts.
B. Removal of mature trees.
C. Demolition, grading and/or construction noise near residences.
D. Bluff or slope construction.
E. Car washes — water quality and quantity impacts; noise impacts if near
residential; land use impacts if there is outdoor work.
F. Drive-thru Restaurants — air quality impacts, noise and land use impacts if
near residential.
G. Auto Repair — noise and land use impacts if near residential, air quality
impacts (paint spray booths).
4
CEQA Policies and Procedures Manual
H. New residences near the Airport or especially noisy streets and freeways.
I. New, removed, modified gas stations — air, water, soil contamination.
J. Dry cleaners — air quality impacts.
K. Old or existing dump sites (i.e. Bristol Street) and underground gas tanks —
air, water, soil contamination.
L. Alteration to flood control channel — potential for impacts to wetlands,
biology; requirements from County, etc.
M. Alterations to properties with historical, archaeological, or paleontological
significance.
N. High traffic generating projects.
III. TYPICAL IMPACT DISCUSSIONS AND MITIGATION MEASURES
These are to be used as guidelines. Specifics of the project may necessitate changes
to the discussions and mitigation measures.
A. Air Quality
Grading and construction may create airborne dust which could temporarily
impact surrounding properties.
Mitigation Measure
Maintain the site in a "wet -down" condition to the degree necessary to
prevent excessive dust and periodically remove any spillage from the
public right-of-way by sweeping or sprinkling.
NOTE: FOR OTHER TOPICS, SEE AIR QUALITY NOTEBOOK.
B. Trees
"X" number of mature trees exist on the site, which should be retained as a
valuable natural and aesthetic resource.
Mitigation Measure
All mature trees shall be retained and incorporated into the final
landscape plan where possible. No tree shall be removed without prior
approval of the Planning Division. Those that cannot be retained or
0
5
CEQA Policies and Procedures Manual
relocated shall be replaced with specimen sized trees under the direction
of the Planning Division.
C. Noise
Demolition, grading and construction noise may adversely impact surrounding
residential neighbors. The noise ordinance restricts work hours and, therefore,
mitigates this potential impact.
Mitigation Measure
Demolition, grading and construction shall not take place between 8:00
p.m. and 7:00 a.m.
D. Bluff or Slope Construction
1. The project would be constructed on a bluff top. Plans show that
all structures are at least 10' away from the natural bluff line as
required by code. Any disturbance to the bluff edge or slope would
cause erosion and possible damage to plant and animal life.
Mitigation Measure
The natural bluff edge and slope shall not be altered. No
grading or disturbance to the earth shall be permitted within
4' of the edge of the bluff.
2. The project slopes significantly to the rear. Adverse impacts on
this and/or adjacent properties could result from major regarding,
installation of large retaining walls, etc.
Mitigation Measure
The project shall retain the natural topography of the site as
closely as possible. A grading plan, showing existing and
proposed grades, shall be submitted to the Planning Division
prior to plan check.
I The proposed retaining wall requires footings to be placed into the
bluff edge. Any disturbance to the slope could exacerbate erosion
of the soil.
Mitigation Measures
(A) A geotechnical investigation shall be conducted to determine
if the slope stability can be maintained if the wall were to be
constructed. Results of the study shall be submitted to the
51
CEQA Policies and Procedures Manual
Building Safety and Planning Divisions prior to review of
plans for the wall. If it is determined that stability cannot be
maintained, the wall shall not be constructed.
(B) All construction, if permitted, shall comply with grading and
erosion control measures as required in the Uniform Building
Code.
4. Construction of the wall could cause vegetation on the slope to be
removed and/or disturbed. This can result in erosion and degradation of
the slope.
Mitigation Measure
All areas disturbed by construction shall be planted with
landscaping appropriate for this slope, as determined by the
Planning Division, prior to issuance of building permits.
Landscaping shall be maintained and carefully irrigated until a root
system has been established to the satisfaction of the Planning
Division.
E. Car Washing
1. Car washing would generate soapy, greasy water which needs to be
disposed of properly.
Mitigation Measure
There shall be no discharge of wastewater into the City's storm
drain or onto adjacent streets. A wastewater discharge permit shall
be obtained from the Orange County Sanitation Districts prior to
commencement of the business. Proof of the permit shall be
submitted to the Planning Division.
2. Noise from the car wash could significantly impact the residents living
next to this site. (Describe details of operation.) In order to determine
that noise levels will not exceed acceptable ordinance levels, an
acoustical analysis must be prepared to identify specific impacts and
mitigation measures, if any. Mitigation measures must be incorporated
into the plans prior to issuance of building permits. A final analysis
should be done by the acoustical engineer after completion of the project
to verify compliance with the ordinance.
7
CEQA Policies and Procedures Manual
Mitigation Measures
(A) Hours of operation shall be established by the Planning
Commission. The noise analysis shall take these hours into
consideration for self -serve operations. Prior to issuance of
building permits, applicant shall submit a plan (i.e. timers,
gates across driveways, etc.) to show how this condition will
be enforced.
(B) In compliance with the provisions of the California
Administrative Code, Title 25, Chapter 1, Subchapter 1,
Article 4, the applicant shall submit an acoustical analysis of
the proposed development, prepared under the supervision of
a person experienced in the field of acoustical engineering.
Two copies of said report shall be submitted with the
application for building permits. The acoustical analysis shall
evaluate existing and projected noise levels, noise attenuation
measures to be applied, and the noise insulation effectiveness
of the proposed construction. The person preparing the report
shall, under the direction of a person experienced in the field
of acoustical engineering, perform an inspection of the
project prior to or at the time of the framing inspection to
certify that construction techniques comply with the
recommendations contained with the acoustical analysis.
Upon completion of the subject structures, field tests may be
required under the provisions of Title 25.
(C) Operation of the car wash shall abide by all regulations in the
Residential Noise Control Ordinance (Chapter IX, Title 13).
3. Car washes can use significant amounts of water. Recycling some of the
water or using other techniques should be employed as mitigation.
Mitigation Measure
Prior to issuance of building permits, applicant shall demonstrate
that the project will incorporate water conserving elements. The
Mesa Consolidated Water District shall make the determination
that there will be adequate conservation.
F. Drive-Thru Restaurants
1. The restaurant may emit objectionable odors, although they may not be
toxic. Filters are available to trap cooking odors if maintained properly.
8
CEQA Policies and Procedures Manual
Mitigation Measure
Steel mesh screens, or an equivalent filter system sufficient to
prevent odors and reduce smoke, shall be installed above the
kitchen cooking area. The filters shall be indicated on the working
drawings to satisfaction of the Building Division Staff. The filters
shall be cleaned at least four (4) times a year.
2. During busy times, vehicles may need to wait for service, causing
extensive idling. The Air Quality Management Plan (AQMP) describes
this as a source of emissions that may be reduced through formulation of
a new rule. The rule may involve restrictions on design, location and/or
construction of drive-thru facilities. It may be implemented by 1993.
Until that time, approval of a drive-thru is not inconsistent with the
AQMP.
This project's potential impact to air quality is not considered
significant, based on AQMD's current suggested threshold criteria
(4,000 sq. ft. of drive-thru restaurant or 2,000 average daily trips). The
proposed facility is sq. ft. which would generate ADT.
3. The speaker box could be a source of noise for the residents living
nearby... (box should be oriented away from residences or need to add
a mitigation measure to move it and/or ensure that sound will be turned
down during sensate hours or close drive-thru during those hours.)
G. Underground Tanks
The underground fuel tanks and the gas station will be removed. However,
according to the Orange County Health Care Agency, the tanks leaked fuel
and have contaminated the soil and groundwater. In order to facilitate the
clean-up of this site, construction should not commence until the risks to
public health and safety have been reduced to an insignificant level.
Mitigation Measure — Discussion
(A) Applicant shall obtain permits from the Costa Mesa Fire
Prevention Bureau and Orange County Health Care Agency for
removal of the tanks. The Hazardous Materials Management
Section of the agency will issue one of two letters. If tanks are
removed and there is no contamination, the agency will issue a
"Completion of Tank Removal" letter. If there is contamination, it
must be cleaned up and then a "Completion of Remedial Action"
letter is issued. A copy of one of these letters shall be submitted to
Planning prior to issuance of permits.
Z
CEQA Policies and Procedures Manual
(B) Applicant shall contact AQMD for regulations regarding removal
of the gas station.
H. Abandoned Dump Sites
1. The site and the surrounding land on both sides of Bristol Street between
the SR -55 and SR -73 freeways were used as dump sites for the Santa
Ana Army Air Base. Although tests on sites across the street did not
show evidence of hazardous materials, the presence of methane gas
required special attention at least in one case.
Mitigation Measure
Applicant shall contact AQMD — Waste and Energy Management
Division for conditions of development on the dump site or for
permit required by the District. Applicant shall show proof that
clearance has been obtained prior to issuance of building permits.
2. The - presence of unknown materials underground necessitates that
further research be done. A comprehensive soils report will help to
determine what special conditions and permits will be required from the
City Building and Safety Division and the County Solid Waste
Enforcement Agency. It is important to obtain clearance from the
County prior to issuance of any City permits since their process could be
quite lengthy depending on the circumstances.
Mitigation Measures
(A) A comprehensive soils report prepared by a qualified
specialist shall be presented to the Building and Safety
Division concurrently with plans for plan check. The report
shall specifically address issues relating to the dump site.
(B) The comprehensive soils report shall be presented to the
Orange County Solid Waste Enforcement Agency (667-3623)
for further review, conditions, and permits. Applicant shall
show proof of clearance, possibly with conditions, from this
agency prior to issuance of building or grading permits.
10
Costa Mesa CEQA POLICIES AND PROCEDURES MANUAL
Appendix 10
CEQA Definitions
CEQA Policies and Procedures Manual
Definitions of CEQA terms
The definitions contained in this article apply to terms used throughout the Guidelines unless a term is
otherwise defined in a particular section.
15351. Applicant
"Applicant" means a person who proposes to carry out a project which needs a lease, permit, license,
certificate, or other entitlement for use or financial assistance from one or more public agencies when that
person applies for the governmental approval or assistance.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21065,
Public Resources Code.
Discussion: This section defines a term used frequently in the Guidelines to refer to a person who applies to
a public agency for a lease, permit, license, certificate, or other entitlement in the Guidelines apply only to
applicants and not to governmental agencies that carry out projects directly.
15352. Approval
(a) "Approval' means the decision by a public agency which commits the agency to a definite course of
action in regard to a project intended to be carried out by any person. The exact date of approval of any
project is a matter determined by each public agency according to its rules, regulations, and ordinances.
Legislative action in regard to a project often constitutes approval.
(b) With private projects, approval occurs upon the earliest commitment to issue or the issuance by the
public agency of a discretionary contract, grant, subsidy, loan, or other form of financial assistance, lease,
permit, license, certificate, or other entitlement for use of the project.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21061 and
21065, Public Resources Code.
Discussion: The term "approval' needs definition because the term is critical to the CEQA process. A
public agency must comply with CEQA when the agency proposes to approve some kind of project. The
statute does not define the term, and it is often difficult to identify the time when the project is approved.
This section spells out criteria for determining when the approval occurs.
15353. CEQA
"CEQA" means the California Environmental Quality Act, California Public Resources Code Sections
21000 et seq.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21050,
Public Resources Code.
15354. Categorical Exemption
"Categorical exemption" means an exemption from CEQA for a class of projects based on a finding by the
Secretary for Resources that the class of projects does not have a significant effect on the environment.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections
21080(b)(10) and 21084, Public Resources Code.
CEQA Policies and Procedures Manual
Discussion: This section provides a simple term and definition to apply to the administrative exemptions
from CEQA established by the Secretary for Resources under Section 21084 in CEQA. These exemptions
apply to classes of projects for which the Secretary for Resources has made a finding that the class of
projects will not have a significant effect on the environment.
15355. Cumulative Impacts
"Cumulative impacts" refers to two or more individual effects which, when considered together, are
considerable or which compound or increase other environmental impacts.
(a) The individual effects may be changes resulting from a single project or a number of separate projects.
(b) The cumulative impact from several projects is the change in the environment which results from the
incremental impact of the project when added to other closely related past, present, and reasonably
foreseeable probable future projects. Cumulative impacts can result from individually and/or but
collectively significant projects taking place over a period of time.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21083(b),
Public Resources Code; Whitman v. Board of Supervisors, 88 Cal. App. 3d 397, San Franciscans for
Reasonable Growth v. City and County of San Francisco (1984) 151 Cal. App. 3d 61, Formerly Section
15023.5.
Discussion: The definition of the term "cumulative impacts" is provided because the term is related to one
of the mandatory findings of significant effect required by Section 21083. A common understanding of the
term is needed in order to implement the section. Further, this definition is needed to codify the court
rulings in Whitman v. Board of Supervisors and San Franciscans for Reasonable Growth v. City and
County of San Francisco.
15356. Decision -Making Body
"Decision-making body" means any person or group of people within a public agency permitted by law to
approve or disapprove the project at issue.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21003(b),
Resources Code; Kleist v. City of Glendale, (1976) 56 Cal. App. 3d 770.
Discussion: This definition is added because there is a need for a term to apply to the person or group
which has authority to make the decision to approve or carry out a project. The individuals or groups which
are granted this authority seem to have no one common name or common description among the many
agencies subject to CEQA. Accordingly, the Guidelines must provide a term which could apply to these
people in all situations.
15357. Discretionary Project
"Discretionary project" means a project which requires the exercise of judgment or deliberation when the
public agency or body decides to approve or disapprove a particular activity, as distinguished from
situations where the public agency or body merely has to determine whether there has been conformity
with applicable statutes, ordinances, or regulations. A timber harvesting plan submitted to the State Forester
for approval under the requirements of the Z'berg-Nejedly Forest Practice Act of 1973 (Pub. Res. Code
Sections 4511 et seq.) constitutes a discretionary project within the meaning of
the California Environmental Quality Act. Section 21065(c).
2
CEQA Policies and Procedures Manual
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21080(a),
Resources Code; Johnson v. State of California, (1968) 69 Cal. 2d 782; People v. Department of Housing
and Community Development, (1975) 45 Cal. App. 3d 185; Day v. City of Glendale, (1975) 51 Cal. App.
3d 817; N.R.D.C. v. Arcata National Corp., (1976) 59 Cal. App. 3d 959.
Discussion: A definition of the term "discretionary project" is essential for defining the scope of activities
subject to CEQA. The Act provides that it applies to discretionary projects, but the Act does not define the
term. The definition offered here is taken from the State Supreme Court decision in Johnson v. State of
California, a 1968 decision. The definition in this section has been approved in a number of court decisions
since that time. Several of these decisions are cited in the note. See also discussion for Section 15268.
15358. Effects
"Effects" and "impacts" as used in these Guidelines are synonymous.
(a) Effects include:
(1) Direct or primary effects which are caused by the project and occur at the same time and place.
(2) Indirect or secondary effects which are caused by the project and are later in time or farther removed
in distance, but are still reasonably foreseeable. Indirect or secondary effects may include growth -inducing
effects and other effects related to induced changes in the pattern of land use, population density, or growth
rate, and related effects on air and water and other natural systems, including ecosystems.
(b) Effects analyzed under CEQA must be related to a physical change.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21068 and
21100, Public Resources Code.
Discussion: Confusion has arisen in interpreting CEQA because the law uses the terms "effects" and
"impacts" without making clear whether the words have different or identical meanings. This section is
intended to eliminate that confusion and to use the federal definition of the term from the NEPA regulations
to the extent that the statutes are similar. Subsection (a) is identical to part of Section 1508.8 in the NEPA
regulations, but subsection (b) is different because CEQA is more focused on physical changes than is
NEPA.
15359. Emergency
"Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding
immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public
services. Emergency includes such occurrences as fire, flood, earthquake, or other soil or geologic
movements, as well as such occurrences as riot, accident, or sabotage.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21080(b)(2),
(3), and (4), Public Resources Code.
Discussion: The definition of the term "emergency" was originally developed in these Guidelines. Later
legislation added the definition to the statute.
15360. Environment
CEQA Policies and Procedures Manual
"Environment" means the physical conditions which exist within the area which will be affected by a
proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historical
or aesthetic significance. The area involved shall be the area in which significant effects would occur either
directly or indirectly as a result of the project. The "environment" includes both natural and man-made
conditions.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21060.5,
Public Resources Code.
Discussion: This definition combines statutory language in the first sentence with administrative
interpretation in the second and third sentences.
15361. Environmental Documents
"Environmental documents" means Initial Studies, Negative Declarations, draft and final EIRs, documents
prepared as substitutes for EIRs and Negative Declarations under a program certified pursuant to Public
Resources Code Section 21080.5, and documents prepared under NEPA and used by a state or local agency
in the place of an Initial Study, Negative Declaration, or an EIR.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21061,
21080(b), 21080.5, 21108, and 21152, Public Resources Code.
Discussion: The term "environmental documents" is intended to provide a shorthand way of referring to all
the documents listed in the definition.
15362. EIR - Environmental Impact Report
"EIR" or "Environmental Impact Report" means a detailed statement prepared under CEQA describing and
analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the
effects. The contents of an EIR are discussed in Article 9, commencing with Section 15120 of these
Guidelines. The term "EIR" may mean either a draft or a final EIR depending on the context.
(a) Draft EIR means an EIR containing the information specified in Sections 15122 through 15131.
(b) Final EIR means an EIR containing the information contained in the draft EIR, comments either
verbatim or in summary received in the review process, a list of persons commenting, and the response of
the Lead Agency to the comments received. The final EIR is discussed in detail in Section 15132.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21061,
21100, and 21151, Public Resources Code.
Discussion: This section identifies the abbreviation "EIR" and provides a short defmition of the term
"Environmental Impact Report" although the term "Environmental Impact Report" is defined in detail with
a number of other requirements in Section 21061 of the statute. This section provides a more focused
definition and introduces the terms "draft EIR" and "final EIR."
15363. EIS - Environmental Impact Statement
"EIS" or 'Environmental Impact Statement" means an environmental impact document prepared pursuant
to the National Environmental Policy Act (NEPA). NEPA uses the term EIS in the place of the term EIR
which is used in CEQA.
4
CEQA Policies and Procedures Manual
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21083.5,
21083.6, and 21083.7, Public Resources Code; 43 U.S.C.A. 4322(2)(c).
Discussion: This section introduces the abbreviation 'BIS" and provides a short definition of the term
"Environmental Impact Statement." This definition is needed because CEQA and the Guidelines refer to
EISs in many places where the CEQA process may involve overlaps with NEPA.
15364. Feasible
"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time,
taking into account economic, environmental, legal, social, and technological factors.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21002,
21002.1, 21004, 21061.1, 21080.5, and 21081, Public Resources Code; Section 4, Chapter 1438 of the
Statutes of 1982.
Discussion: This section provides an additional interpretation of the statutory language by adding the word
"legal" to the statutory language. The legal limitation is incorporated in the concept of feasibility as it
applies to the findings an agency must make concerning whether to mitigate or avoid significant effects
identified in an EIR. The lack of legal powers of an agency to use in imposing an alternative or mitigation
measure may be as great a limitation as any economic, environmental, social, or technological factor.
15365. Initial Study
"Initial Study" means a preliminary analysis prepared by the Lead Agency to determine whether an EIR or
a Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed
in an EIR. Use of the Initial Study is discussed in Article 5, commencing with Section 15060.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21080. 1,
21080.2, 21080.3, and 21100, Public Resources Code.
Discussion: This definition is added to define a term which is created in these Guidelines.
15366. Jurisdiction by Law
(a) "Jurisdiction by law" means the authority of any public agency:
(1) To grant a permit or other entitlement for use;
(2) To provide funding for the project in question; or
(3) To exercise authority over resources which may be affected by the project.
(b) A city or county will have jurisdiction by law with respect to a project when the city or county
having primary jurisdiction over the area involved is:
(1) The site of the project;
(2) The area in which the major environmental effects will occur; and/or
5
CEQA Policies and Procedures Manual
(3) The area in which reside those citizens most directly concerned by any such environmental effects.
(c) Where an agency having jurisdiction by law must exercise discretionary authority over a project in
order for the project to proceed, it is also a Responsible Agency, see Section 15381, or the Lead
Agency, see Section 15367.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21080.3,
21080.4, 21104, and 21153, Public Resources Code.
Discussion: This section defines the term "jurisdiction by law" in order to establish which agencies
must be consulted by the Lead Agency in preparing an EIR. The statute does not define this term.
15367. Lead Agency
"Lead Agency" means the public agency which has the principal responsibility for carrying out or
approving a project. The Lead Agency will decide whether an EIR or Negative Declaration will be
required for the project and will cause the document to be prepared. Criteria for determining which
agency will be the Lead Agency for a project are contained in Section 15051
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21165,
Public Resources Code.
Discussion: This section combines the statutory definition of the term "Lead Agency" with a more
complete explanation in terns related to the CEQA process. The fundamental point is that CEQA
gives the Lead Agency the tasks of determining whether an EIR or a Negative Declaration will be
required for the project and preparing the document.
15368. Local Agency
"Local agency" means any public agency other than a state agency, board, or commission. Local
agency includes but is not limited to cities, counties, charter cities and counties, districts, school
districts, special districts, redevelopment agencies, local agency formation commissions, and any
board, commission, or organizational subdivision of a local agency when so designated by order or
resolution of the governing legislative body of the local agency.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21062
and 21151, Public Resources Code.
Discussion: This section supplements the definition of the term "local agency" contained in the
Public Resources Code to recognize the possibility that a city may designate a particular sub -unit of
the city government as being a separate Lead Agency for a particular project. In this situation, the
subunit would qualify as a local agency under these Guidelines, and all the requirements placed on a
2
CEQA Policies and Procedures Manual
local agency would apply to that unit.
An agency created by state statute such as an agricultural district may be considered a local agency
for the purposes of CEQA even though it may be considered a state agency for other purposes; this
is possible because the agency's activities are most likely to affect only the local area in which it
operates. (See: Lewis v. 17th District Agricultural Ass'n. (1985) 165 Cal. App. 3d 823. Agencies
should be aware that the notice and filing requirements stated either in Sections 21150 et seq. or
>f Sections 21100 et seq. of CEQA may apply depending upon whether the agency is defined as "state"
or "local" for CEQA purposes.
15369. Ministerial
"Ministerial" describes a governmental decision involving little or no personal judgment by the public
official as to the wisdom or manner of carrying out the project. The public official merely applies the
law to the facts as presented but uses no special discretion or judgment in reaching a decision. A
ministerial decision involves only the use of fixed standards or objective measurements, and the
public official cannot use personal, subjective judgment in deciding whether or how the project
should be carried out. Common examples of ministerial permits include automobile registrations, dog
licenses, and marriage licenses. A building permit is ministerial if the ordinance requiring the permit
limits the public official to determining whether the zoning allows the structure to be built in the
requested location, the structure would meet the strength requirements in the Uniform Building Code,
and the applicant has paid his fee.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section
21080(b)(1), Public Resources Code; Johnson v. State of California, 69 Cal. 2d 782; Day v. City of
Glendale, 51 Cal. App. 3d 817.
Discussion: This definition draws upon earlier judicial definitions of "ministerial" and discretionary
governmental actions and provides examples. Neither term is technically precise.
As carefully pointed out in Friends of Westwood, Inc. v. Los Angeles (1987) 191 Cal. App. 3d 259,
usually building permits are ministerial but the approval process for a project unusual in size,
dimension and location involve discretionary aspects which are subject to CEQA; it is enough the
[agency] possesses discretion to require changes which would mitigate in whole or in part one or
more of the [significant] environmental consequences an EIR might conceivably uncover. See also
discussion for Section 15268.
15369.5. Mitigated Negative Declaration
"Mitigated negative declaration" means a negative declaration prepared for a project when the initial
study has identified potentially significant effects on the environment, but (1) revisions in the project
plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration
and initial study are released for public review would avoid the effects or mitigate the effects to a
point where clearly no significant effect on the environment would occur, and (2) there is no
substantial evidence in light of the whole record before the public agency that the project, as revised,
may have a significant effect on the environment.
7
CEQA Policies and Procedures Manual
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21064.5,
Public Resources Code.
15370. Mitigation
"Mitigation" includes:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action.
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
(c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.
(d) Reducing or eliminating the impact over time by preservation and maintenance operations during
the life of the action.
(e) Compensating for the impact by replacing or providing substitute resources or environments.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21002,
21002.1, 21081, and 21100(c), Public Resources Code.
Discussion: This definition of the term "mitigation" adopts the definition contained in the federal
NEPA regulations. The federal definition is used so that this term will have identical meanings under
NEPA and CEQA for projects which are subject to both acts.
15371. Negative Declaration
"Negative Declaration" means a written statement by the Lead Agency briefly describing the reasons
that a proposed project, not exempt from CEQA, will not have a significant effect on the environment
and therefore does not require the preparation of an EIR. The contents of a Negative Declaration are
described in Section 15071.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21080(c),
Public Resources Code.
Discussion: This definition is added in order to provide a clear, short identification of the term
"Negative Declaration." The section identifies four essential concepts dealing with the document.
First, the Negative Declaration applies to projects which are not exempt. Second, the document must
be written and provide a brief explanation of its conclusion. Third, the document is used where the
8
CEQA Policies and Procedures Manual
agency concludes that the project will not have a significant effect on the environment. Fourth, the
document serves as a statement that the agency will not prepare an EIR, but the statement is used
only where it is based on a finding that the project will not cause a significant effect on the
environment.
15372. Notice of Completion
"Notice of Completion" means a brief notice filed with OPR by a Lead Agency as soon as it has
completed a draft EIR and is prepared to send out copies for review. The contents of this notice are
explained in Section 15085.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21161,
Public Resources Code.
Discussion: This section defines the term "Notice of Completion" to provide a commonly used and
recognized term for the notice which the statute requires a Lead Agency to file when an EIR has been
completed.
15373. Notice of Determination
"Notice of Determination" means a brief notice to be filed by a public agency after it approves or
determines to carry out a project which is subject to the requirements of CEQA. The contents of this
notice are explained in Sections 15075 and 15094.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21108(a)
and 21152, Public Resources Code.
Discussion: This section defines the term "Notice of Determination" to provide a commonly used and
recognized term for the notice which the statute requires an agency to file after it has approved the
project at the end of the CEQA process. One cross-reference describes the contents of the notice
when used with a Negative Declaration. The other describes the contents after an EIR has been
prepared.
15374. Notice of Exemption
"Notice of Exemption" means a brief notice which may be filed by a public agency after it has decided
to carry out or approve a project and has determined that the project is exempt from CEQA as being
ministerial, categorically exempt, an emergency, or subject to another exemption from CEQA. Such a
notice may also be filed by an applicant where such a determination has been made by a public
agency which must approve the project. The contents of this notice are explained in Section 15062.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections
21108(b) and 21152(b), Public Resources Code.
E
CEQA Policies and Procedures Manual
Discussion: This section provides a definition for the notice which an agency is authorized to file
when it determines that a particular project is exempt from the requirements of CEQA. The statute
authorizes the use of this notice but does not provide a name or detailed explanation for it.
15375. Notice of Preparation
"Notice of Preparation" means a brief notice sent by a Lead Agency to notify the Responsible
Agencies, Trustee Agencies, and involved federal agencies that the Lead Agency plans to prepare an
EIR for the project. The purpose of the notice is to solicit guidance from those agencies as to the
scope and content of the environmental information to be included in the EIR. Public agencies are free
to develop their own formats for this notice. The contents of this notice are described in Section
15082.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21080.4,
Public Resources Code.
Discussion: This definition provides a commonly used and easily recognizable name for the notice
which a Lead Agency is required to send to Responsible Agencies to obtain the views of Responsible
Agencies on the contents of an EIR which the Lead Agency will prepare. The reference to federal
agencies was added because Section 15082 requires this notice to be sent to federal agencies.
15376. Person
"Person" includes any person, firm, association, organization, partnership, business, trust,
corporation, limited liability company, company, district, city, county, city and county, town, the state,
and any of the agencies or political subdivisions of such entities.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21066,
Public Resources Code.
Discussion: This definition indicates the broad scope of the term "person" as used in CEQA. This
term is used in a number of different places in the Guidelines and the statute in ways that require use
of such a broad definition. Legislation enacted in 1998 specifies that "person" includes federal
agencies to the extent permitted by federal law (AB 2397 -- Chapter 272, Statutes of 1998). This
addition is pertinent where federal law has delegated regulatory responsibility for actions on federal
land or by federal agencies to the state.
15377. Private Project
A "private project" means a project which will be carried out by a person other than a governmental
agency, but the project will need a discretionary approval from one or more governmental agencies
for:
10
CEQA Policies and Procedures Manual
(a) A contract or financial assistance, or
(b) A lease, permit, license, certificate, or other entitlement for use.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21065,
Public Resources Code.
Discussion: This section defines a term to be used in the place of a much longer phrase several places
in the statute. In a number of different contexts, the statute sets up special requirements that apply by
way of a cross-reference to activities which involve the issuance of a lease, license, certificate, permit,
or other entitlement for use. It is clearer in these situations to refer to private projects.
15378. Project
(a) "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, and that is any of the following:
(1) An activity directly undertaken by any public agency including but not limited to public works
construction and related activities clearing or grading of land, improvements to existing public
structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local
General Plans or elements thereof pursuant to Government Code Sections 65100-65700.
(2) An activity undertaken by a person which is supported in whole or in part through public agency
contacts, grants, subsidies, loans, or other forms of assistance from one or more public agencies.
(3) An activity involving the issuance to a person of a lease, permit, license, certificate, or other
entitlement for use by one or more public agencies.
(b) Project does not include:
(1) Proposals for legislation to be enacted by the State Legislature;
(2) Continuing administrative or maintenance activities, such as purchases for supplies,
personnel -related actions, general policy and procedure making (except as they are applied to specific
instances covered above);
(3) The submittal of proposals to a vote of the people of the state or of a particular community. (Stein
v. City of Santa Monica (1980) 110 Cal.App.3d 458);
11
CEQA Policies and Procedures Manual
(4) The creation of government funding mechanisms or other government fiscal activities, which do
not involve any commitment to any specific project which may result in a potentially significant
physical impact on the environment.
(5) Organizational or administrative activities of governments which are political or which are not
physical changes in the environment (such as the reorganization of a school district or detachment of
park land).
(c) The term "project" refers to the activity which is being approved and which may be subject to
several discretionary approvals by governmental agencies. The term "project" does not mean each
separate governmental approval.
(d) Where the Lead Agency could describe the project as either the adoption of a particular regulation
under subsection (a)(1) or as a development proposal which will be subject to several governmental
approvals under subsections (a)(2) or (a)(3), the Lead Agency shall describe the project as the
development proposal for the purpose of environmental analysis. This approach will implement the
Lead Agency principle as described in Article 4.
Note: Authority: Sections 21083 and 21087, Public Resources Code; Reference: Section 21065, Public
Resources Code; Kaufinan and Broad -South Bay, Inc. v. Morgan Hill Unified School District (1992)
9 Cal.AppAth 464; and Fullerton Joint Union High School District v. State Board of Education
(1982) 32 Cal.3d 779; Simi Valley Recreation and Park District v. Local Agency Formation Commission
of Ventura County (1975) 51 Cal.App.3d 648
Discussion: This section provides a more complete explanation of the tern "project." This term
describes activities which are subject to CEQA. This definition brings together a number of separate
provisions in the Act. These are the definition of the term contained in Section 21065 of the statute,
the Lead Agency concept in Section 21165 of the statute, and the result of a number of court
decisions interpreting this term. Chapter 1230 of the Statutes of 1994 codifies the emphasis on
"physical change" in the environment.
Following the State Supreme Court's decision in Friends of Mammoth, the Legislature added a
defmition of the term "project" to the statute. The definition provided that "project" meant activities
directly undertaken by government, activities financed by government, or activities requiring a permit
or other approval from government. The Legislature then added the words "or approve" to the section
requiring that agencies shall prepare an EIR "on any project they proposed to carry out or approve
which may have a significant effect on the environment."
Reading the language of Sections 21065 and 21100 together, the project which is to be analyzed in the
EIR is not the approval itself but is that which is being approved.
With some activities carried out by government, the plan, control, or regulation being adopted may
need to be regarded as the project even though the plan, etc., is being adopted to control activities to
be initiated later by other people. For example, in approving a new general plan for a city, the city
council would properly regard the general plan itself as the project. The EIR would examine the
12
CEQA Policies and Procedures Manual
environmental changes that would probably result from adopting the new plan. In this situation, the
governmental plan would not be proposed in conjunction with a proposal for a specific development
project, and the EIR on the plan would need to examine the range of possible effects of the plan. If,
however, a small amendment to the general plan was requested as one of several approvals necessary
for a specific development project, the city should characterize the proposed development as the
project. In this way, the city would implement the Lead Agency concept by designating as the project
the activity which would be approved by a number of agencies. This approach would result in only
one EIR being prepared for the proposed development as required by Sections 21165 and 21166 of
CEQA.
In Livermore v. Local Agency Formation Commission of Alameda County (1986) 184 Cal. App. 3d
531/(1986) 183 Cal. App. 3d. 681, the court ruled that LAFCO's guideline revisions fit within CEQA's
broad definition of a project because they are a discretionary activity of a public agency that will
unquestionably have an ultimate impact on the environment, i.e., major policy decisions that
determine whether growth will occur in unincorporated areas and whether agricultural land will be
preserved or developed.
However, in marked contrast, Northwood Homes, Inc. v. Moraga (1989) 216 Cal. App. 3d 1197
concluded that general guidelines enacted as administrative activities for procedural implementation
as to definitions of terns and application procedures of land use decisions are not a project.
Items (4) and (5) under subsection (b) codify the decisions in Kaufman and Broad -South Bay, Inc. v.
Morgan Hill Unified School District (1992) 9 Cal.AppAth 464 and Simi Valley Recreation and Park
District v. Local Agency Formation Commission of Ventura County (1975) 51 Cal.App.3d 648 which
clarify that CEQA does not apply to activities which do not result, either directly or in a reasonably
foreseeable indirect way, in a physical change to the environment.
15379. Public Agency
"Public agency" includes any state agency, board, or commission and any local or regional agency, as
defined in these Guidelines. It does not include the courts of the state. This term does not include
agencies of the federal government.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21063,
Public Resources Code.
Discussion: This definition is necessary in order to show that the scope of the term "public agency"
under CEQA does not include agencies of the federal government.
15380. Endangered, Rare or Threatened Species
(a) "Species" as used in this section means a species or subspecies of animal or plant or a variety of
plant.
13
CEQA Policies and Procedures Manual
(b) A species of animal or plant is:
(1) "Endangered" when its survival and reproduction in the wild are in immediate jeopardy from one or
more causes, including loss of habitat, change in habitat, overexploitation, predation, competition,
disease, or other factors; or
(2) 'Rare" when either:
(A) Although not presently threatened with extinction, the species is existing in such small numbers
throughout all or a significant portion of its range that it may become endangered if its environment
worsens; or
(B) The species is likely to become endangered within the foreseeable future throughout all or a
significant portion of its range and may be considered "threatened" as that term is used in the Federal
Endangered Species Act.
(c) A species of animal or plant shall be presumed to be endangered, rare or threatened, as it is listed
in:
(1) Sections 670.2 or 670.5, Title 14, California Code of Regulations; or
(2) Title 50, Code of Federal Regulations Section 17.11 or 17.12 pursuant to the Federal Endangered
Species Act as rare, threatened, or endangered.
(d) A species not included in any listing identified in subsection (c) shall nevertheless be considered
to be endangered, rare or threatened, if the species can be shown to meet the criteria in subsection (b).
(e) This definition shall not include any species of the Class Insecta which is a pest whose protection
under the provisions of CEQA would present an overwhelming and overriding risk to man as
determined by:
(1) The Director of Food and Agriculture with regard to economic pests; or
(2) The Director of Health Services with regard to health risks.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21001(c),
Public Resources Code.
Discussion: This definition is modeled after the definition in the Federal Rare and Endangered Species
Act and the sections of the California Fish and Game Code dealing with rare or endangered plants or
animals.
14
CEQA Policies and Procedures Manual
The definition provides that plants or animals already listed by a governmental agency as being rare
or endangered shall be presumed rare or endangered for the purposes of CEQA. This presumption
allows a Lead Agency to consider a listed species as rare or endangered without the need for any
further proof. The section also provides that a plant or animal may be treated as rare or endangered
even if it has not been placed on an official list. The section also adds the concept that rare or
endangered status shall not be applied to insect pests designated by the Director of Food and
Agriculture as meeting the criteria in this section.
15381. Responsible Agency
"Responsible Agency" means a public agency which proposes to carry out or approve a project, for
which a Lead Agency is preparing or has prepared an EIR or Negative Declaration. For the purposes
of CEQA, the term 'Responsible Agency" includes all public agencies other than the Lead Agency
which have discretionary approval power over the project.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21002. 1,
21069, 21080.1, 21080.3, 21080.4, 21167.2, and 21167.3, Public Resources Code.
Discussion: This section provides explanation of the term 'Responsible Agency".
15382. Significant Effect on the Environment
"Significant effect on the environment" means a substantial, or potentially substantial, adverse
change in any of the physical conditions within the area affected by the project, including land, air,
water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An
economic or social change by itself shall not be considered a significant effect on the environment. A
social or economic change related to a physical change may be considered in determining whether the
physical change is significant.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21068,
21083, 21100, and 21151, Public Resources Code; Hecton v. People of the State of California, 58 Cal.
App. 3d 653.
Discussion: The first sentence combines the statutory language in the definitions of "significant
effect" and "environment" in the interest of clarity because they are interrelated.
The second and third sentences pose a problem of interpretation that has caused controversy for
many years. The controversy centers around the extent to which CEQA applies to economic and
social effects of projects. In determining whether an effect is significant, however, Section 21083(c) of
CEQA requires an effect to be found significant if the activity would cause an adverse effect on
people.
15
CEQA Policies and Procedures Manual
This section also codifies the holding in Hecton v. People of the State of California, 58 Cal. App. 3d
653, which ruled that a claim that a project would cause a decline in property values was not enough
by itself to require an EIR to be prepared.
In Cathay Mortuary, Inc. v. San Francisco Planning Commission (1989) 207 Cal. App. 3d 275, the
court in analyzing significant effect' offered inverse guidance regarding whether an alternative site for
a proposed park would have better access to sunlight, i.e., it is irrelevant whether some body of
opinion views some other alternative site as" better suited" (essentially as a planning determination),
if the net impact of the project site is not an adverse change, no EIR is required. In this case,
demolition of a building would provide access to sunlight in a portion of the impacted area that
currently did not have access to sunlight -- in other words, access to sunlight when none currently
exists is not an adverse change.
15383. State Agency
"State agency" means a governmental agency in the executive branch of the State Government or an
entity which operates under the direction and control of an agency in the executive branch of State
Government and is funded primarily by the State Treasury.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21100,
Public Resources Code.
Discussion: This section distinguishes state agencies from local agencies. Different requirements may
apply depending on whether a state or local agency is involved. For example, if a project will require a
permit from a state agency, the EIR or Negative Declaration on the project must be sent to the State
Clearinghouse for review. This term is not defined in the Public Resources Code, and there is often
confusion as to whether a particular agency with a limited geographical jurisdiction is a state agency
or a local agency. For example, the San Francisco Bay Conservation and Development Commission is
a state agency, but the Bay Area Air Quality Management District is a local agency for all but Section
21080.5 of CEQA. The definition is an effort to provide a clearer basis for the distinction.
15384. Substantial Evidence
(a) "Substantial evidence" as used in these guidelines means enough relevant information and
reasonable inferences from this information that a fair argument can be made to support a conclusion,
even though other conclusions might also be reached. Whether a fair argument can be made that the
project may have a significant effect on the environment is to be determined by examining the whole
record before the lead agency. Argument, speculation, unsubstantiated opinion or narrative, evidence
which is clearly erroneous or inaccurate, or evidence of social or economic impacts which do not
contribute to or are not caused by physical impacts on the environment does not constitute
substantial evidence.
(b) Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert
opinion supported by facts.
16
CEQA Policies and Procedures Manual
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; References: Sections 21080,
21082.2, 21168, and 21168.5, Public Resources Code; No Oil, Inc. v. City of Los Angeles (1974) 13
Cal.3d 68; Running Fence Corp. v. Superior Court (1975) 51 Cal.App.3d 400; Friends of B Street v.
City of Hayward (1980) 106 Cal.App.3d 988..
Discussion: "Substantial evidence" as used in the Guidelines is the same as the standard of review
used by courts in reviewing agency decisions. Some cases suggest that a higher standard, the so
called "fair argument standard" applies when a court is reviewing an agency's decision whether or not
to prepare an EIR.
Public Resources Code section 21082.2 was amended in 1993 (Chapter 113 1) to provide that
substantial evidence shall include "facts, reasonable assumptions predicated upon facts, and expert
opinion supported by facts." The statute further provides that "argument, speculation,
unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence
of social or economic impacts which do not contribute to, or are not caused by, physical impacts on
the environment, is not substantial evidence."
15385. Tiering
"Tiering" refers to the coverage of general matters in broader EIRs (such as on general plans or policy
statements) with subsequent narrower EIRs or ultimately site-specific EIRs 'incorporating by reference
the general discussions and concentrating solely on the issues specific to the EIR subsequently
prepared. Tiering is appropriate when the sequence of EIRs is:
(a) From a general plan, policy, or program EIR to a program, plan, or policy EIR of lesser scope or to a
site-specific EIR;
(b) From an EIR on a specific action at an early stage to a subsequent EIR or a supplement to an EIR at
a later stage. Tiering in such cases is appropriate when it helps the Lead Agency to focus on the
issues which are ripe for decision and exclude from consideration issues already decided or not yet
ripe.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21003,
21061, and 21100, Public Resources Code.
Discussion: This definition of "tiering" is modeled closely after the definition in the federal NEPA
regulations. Tiering is needed in order to provide increased efficiency in the CEQA process. It allows
'. agencies to deal with broad environmental issues in EIRs at planning stages and then to provide more
detailed examination of specific effects in EIRs on later development projects that are consistent with
or implement the plans. These later EIRs are excused by the tiering concept from repeating the
analysis of the broad environmental issues examined in the general plan EIRs.
15386. Trustee Agency
17
CEQA Policies and Procedures Manual
"Trustee Agency" means a state agency having jurisdiction by law over natural resources affected by
a project which are held in trust for the people of the State of California. Trustee Agencies include:
(a) The California Department of Fish and Game with regard to the fish and wildlife of the state, to
designated rare or endangered native plants, and to game refuges, ecological reserves, and other
areas administered by the department;
(b) The State Lands Commission with regard to state owned "sovereign" lands such as the beds of
navigable waters and state school lands;
(c) The State Department of Parks and Recreation with regard to units of the State Park System;
(d) The University of California with regard to sites within the Natural Land and Water Reserves
System.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21080.3
and 21080.4, Public Resources Code.
Discussion: This section is included to provide a commonly used and clearly recognizable term to use
in place of the statutory phrase describing state agencies "having jurisdiction by law over natural
resources affected by the project which are held in trust for the people of the State of California." The
section also identifies the four agencies which have been found to meet the statutory formula.
Agencies are designated as Trustee Agencies where they administer lands to protect the natural
resources on those lands or where a law gives the agency responsibility for protecting the state's
interest in a natural resource as with the Department of Fish and Game's responsibility for fish and
wildlife. The Department of Fish and Game is listed as a Trustee Agency for designated rare and
endangered native plants because Fish and Game Code Section 1913(c) gives the department special
responsibilities for protecting these plants after they have been designated rare or endangered by the
Fish and Game Commission
15387. Urbanized Area
"Urbanized area" means a central city or a group of contiguous cities with a population of 50,000 or
more, together with adjacent densely populated areas having a population density of at least 1,000
persons per square mile. A Lead Agency shall determine whether a particular area meets the criteria in
this section either by examining the area or by referring to a map prepared by the U.S. Bureau of the
Census which designates the area as urbanized. Maps of the designated urbanized areas can be found
in the California EIR Monitor of February 7, 1979. The maps are also for sale by the Superintendent of
Documents, U.S. Government Printing Office, Washington, D.C. 20402. The maps are sold in sets only
as Stock Number 0301-3466. Use of the term "urbanized area" in Section 15182 is limited to areas
mapped and designated as urbanized by the U.S. Bureau of the Census.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21080.7
18
CEQA Policies and Procedures Manual
and 21083, and 21084, Public Resources Code.
Discussion: This section is included to provide certainty and precision for the portions of CEQA that
allow special treatment of projects in urbanized areas. These special provisions apply to residential
projects in urbanized areas as well as categorical exemptions for certain kinds of activities. The
revisions in this section allows a Lead Agency to determine on its own whether a project is located in
an area meeting the criteria for being "urbanized" even if the area is not included on the Census
Bureau maps. This change allows the special relaxations of the CEQA process to be applied in areas.
19
�-�Z��esa CEQA POLICIES AND PROCEDURES MANUAL
Appendix 11
Agency Web Sites
Costa Mesa CEQA POLICIES AND PROCEDURES MANUAL
Agency Web Sites (California)
California Code of Regulations Agency List
ccr.oal.ca.gov
California Department of Conservation
www.consrv.ca.gov
- California Department of Fish and Game
www.dfq.ca.gov/
California Division of Mines and Geology
www.consrv.ca.gov/dm.q/index.htm
California Environmental Resources Evaluation System
www.ceres.ca..qov/
CEQA Page: ceres.ca.gov/ceqa/
California Home Page: Your Government
www.ca.gov/
California Legislation (Senate web site)
www.sen.ca.gov/-newsen/le.gislation/legislation.htp
National Marine Fisheries Service, Southwest Regional Office
swr.ucsd.edu
State Water Resources Control Board
www.swrcb.ca.gov/
U.S. Army Corps of Engineers, Sacramento District
www.spk.usace.army.mil
U.S. Army Corps of Engineers, Sacramento District Regulatory Home Page
www.spk.usace.army.mil/Cespk-co/regulatory/
U.S. Army Corps of Engineers, San Francisco District
www.spn.usace.army.mil
U.S. Army Corps of Engineers, Los Angeles District
www.spl.usace.army.mil
U.S. Environmental Protection Agency
www.epa.gov/
U.S. Fish and Wildlife Service, Pacific Region Office
www.rl.fws.gov/
U.S. Geologic Survey, Western Regional Geologic Information Server
geology.wr.usgs.gov/