HomeMy WebLinkAbout1973-03-27; City Council; 1088; California Environmental Quality Act of 1970r THE CITY OF CARLSBAD, CALIFORNIA '7
' i j% Gate March 27_, 1973
Agenda Bill do.
Referred To: CITY COUNCIL
Subject: Submitted By:
California Environmental'Quality Act of 1970 PLANNING DIRECTOR
and the State Guidelines issued by the Secretary
of the Resources Agency.
Statement of the Matter
AB884, the Knox Bill, required that the Secretary of the State of California
Resources Agency adopt guidelines for the implementation of the California
Environmental Quality Act of 1970. The guidelines were issued February 6,
1973. Under the terms of 889, the City is required to adopt procedures in
accord with the guidelined by April 6, 1973. At my request, the City Attorney
has prepared a revision of the City of Carlsbad Environmental protection
Ordinance of 1972 to meet that requirement. Ordinance 1150 as amended, will
reinact as Title 19 of the Municipal Code. The resolutions enacted as part of
the ordinance have also been revised. Our procedures have also been revised
in light of recent experience.
Exhibit
1. Ordinancew1150 as amended.
2. Ordinance No.�
3. Resolution No. o (with 5 exhibits)
4. State Guidelines.
Staff Recogmenda t i on s
Introduce for first 'reading Ordinance No. J�
Adopt Resolution No. 6
AB No.
Ci;M Manager's Recommendation
Concur.
Da to: March 26, 1973
Council Action
4-3-73 A first reading was given Ordinance #1158, repealing Ordinance
numbers 1150, 1-151, 1154 and 1155 and reinacting substance of the
provisions to comply with the requirements of the California ;
Envvironmentai Quality Control Act of 1970 as amended, and
Resolution #3098 was adopted, adopting an Environmental Impact
Assessment Form and Guidelines.
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4-18-73 Ordinance No. 1.158 was given a second reading by title only
and adopted.
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ORDINANCE NO. 1158
AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD,
CALIFORNIA, REPEALING ORDINANCE
NUMBERS 1150,
1151, 1154 AND 1155 AND
REINACTING THE
SUBSTANCE OF THE PROVISIONS
OF SAID ORDINANCES
AS TITLE 19, CHAFFER 19.04,
SECTIONS 19.04.010
THROUGH 19.04.300 INCLUSIVE,
OF THE CARLSBAD
MUNICIPAL CODE WITH AMENDMENTS,
ADDITIONS AND
DELETIONS AS NECESSARY TO
COMPLY 'WITH
THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL
QUALITY CONTROL ACT OF 1970
AS AMENDED AND
THE GUIDELINES FOR IMPLEMENTATION
THEREOF ISSUED
BY THE RESOURCES AGENCY OF
CALIFORNIA.
The City Council
of the City of Carlsbad, California
does ordain as follows:
SECTION 1. Title
19, Chapter 19.04, is hereby added to
the Carlsbad Municipal,Code
to read as follows:
Title
19_ENVIRONMENT
Chapter
19.04
ENVIRONMENTAL PROTECTION PROCEDURES
Sections:
19.04.010
Title
19.04.020
Purpose
19.04.030
Policy
19.04.04'•
Definitions
19.04.050
Application
19.04.060
Prohibition
19.04.070
Enforcement - Director's Endorsement
19.04.080
Exceptions
19.04.090
Categorical Exemptions
19.04.100
Exception and Exemption - Director's
Finding
19.04.110
Environmental Impact Assessment
19.04.120
Evaluation of Environmental Impact
Assessment
19.04.130
Negative Declaration
19.04.140
Appeal
19.04.150
Decision to Prepare an Environmental
Impact Report
19.04.160
Preparation of Environmental Impact Repor
19.04.170
Draft Environmental Impact Report
19.04.175
Notice of Completion
19.04.180
Environmental Impact Report
19.04.185
Planning Commission Hearing
19.04.190
City Council Hearing
19.04.200
Consolidation
19.04.210
Standard of Review
19.04.215
Notice of Determination
19.04.220
Extension of Time for•Review
19.04.230
Request for Environmental Documents
19.04.240
Retention of Public Comments
19.04.250
Cost of Reports - Fee Schedule
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19.04.260 Mailing of Notice on Request - Clerk
19.04.270 Mailing of Notice on Request - Planning
Director
19.04.280 Limitation of Time for Bringing Legal
Action
19.04.290 Planning Director - Representatives
19.04.300 Interpretation - State Guidelines
19.04.010 Title. This Chapter shall be known as "The
City of Carlsbad Environmental Protection Ordinance of 1972."
19.04.020 Pur op se. The purpose of this Chapter is to
establish principles, objectives, criteria, definitions and
procedures to be used in the implementation of the California
Environmental Quality Act of 1970 as amended and the state
guidelines issued pursuant thereto by the Resources Agency in
order to evaluate public and private projects in an orderly
manner including the preparation and evaluation of environmental
impact. reports when necessary.
19.04.030 Policy, The California Legislature has declared
that every citizen has a responsibility to contribute to the
preservation and enhancement of the environment and has further
declared it to be their intent that the city regulate its own
activities and those activities of others under City jurisdiction
in such a manner as to insure that major consideration is given
to preventing environmental damage. It is the policy of the
City of Carlsbad to give full effect to the Legislature's
declarations and to:
a. Develop and maintain a high -quality environment now
and in the future, and take all action necessary to protect
rehabilitate, and enhance the environmental quality of the City.
b. Take all action necessary to provide the people of
this City with clean air and water, enjoyment of aesthetic,
natural, scenic, and historic environmental qualities, and
freedom from excessive noise.
C. Prevent the elimination of fish or wildlife species
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due to man's activities, insure that fish and wildlife popula-
tions do not drop below self-perpetuating levels, and preserve
for future generations representations of• all plant and
animal communities and examples of the major periods of
California history.
d. Ensure -that the long-term protection of the environment
shall be a guiding criterion in public decisions.
e. Create and maintain conditions under which man and
nature can exist in productive harmony to fulfill the social
And economic requirements of present and future generations.
f. Develop standards and procedures necessary to protect
environmental quality.
g. Consider qualitative factors as' well as economic and
technical factors and long-term benefits and costs, in addition
to short-term benefits and costs and to consider alternatives
to proposed actions adversely affecting the environment.
19.04.040 Definitions. Whenever the following words are
used in this Chapter, unless otherwise defined, they shall have
the meaning ascribed to them in this section,
a. "Approval" means the decision by the City which
commits the City to a definite course of action in regard to a
project intended to be carried out by any person. The exact
date of approval of any project is a matter determined by
the rules, regulations, and ordinances applicable thereto. In
connection with private activities, approval occurs upon the
earliest commitment to issue or the issuance by the City 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.
b. "Categorical Exemption" means an exception from the
requirement for the preparation of an environmental impact report
(for a class of projects based on a finding by the City Council
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that the class of projects does not have a significant effect
on the environment.
C. "Discretionary Project" means an activity defined as
a project which requires the exercise of judgment, deliberation,
or decision on the part of the City in the process of approving
or disapproving a particular activity, as distinguished from
situations where the City merely has to determine whether there
has been conformity with applicable statutes, ordinances, or
regulations.
d. "Emergency" means a sudden and catastrophic calamity
caused by an occurrence or combination of occurrences of
statewide or local impact, such as fire, flood, earthquake or
'other natural disaster, riot, war, accident, or sabotage.
e. "Environment" means the social, economic and physical
conditions which exist in the area which will be affected by a
proposed project including, but not limited to, land, air,
water, minerals, flora, fauna, ambient noise, objects of historic
or aesthetic significance, traffic patterns, and public or
private services.
f. "Environmental Impact Report" means a detailed
statement setting forth the environmental effects and considera-
tions pertaining to a project as specified in Section 21100 of the
California Environmental Quality Act.
g. "Feasible" means capable of being accomplished in a
successful manner by reasonably available, economic, and
workable means.
h. "Lead Agency" means the public agency which has the
principal responsibility for carrying out or approving a project
which may have a significant effect on the environment where
more than one public agency is involved with the same underlying
activity.
i. "Ministerial Projects" as a general rule, include those
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activities defined as projects which are undertaken or appruved
by City decision which is made upon a given state of facts
in a prescribed manner in obedience to th'e mandate of legal
authority. With these projects, the City must act upon the given
facts without regard to its own judgment or opinion concerning
the propriety or -wisdom of the act although the statute, ordinance,
or regulation may require, in some degree, a construction of its
language by the City.
J. "Negative Declaration" means a statement by the City
intending to carry out or approve a project that the project,
although not categorically exempt, would not have a significant
effect on the environment and, therefore, does not require an
Environmental Impact Report.
k. "Notice of Completion" means a brief report filed
with the Secretary for Resources as soon as the City has
completed a draft Environmental Impact Report and 13 prepared
to send out copies for review.
1. "Notice of Determination" means a brief notice to be
filed by the City when it approves or determines to carry out
a project which is subject to the requirements of this Chapter.
M. "Person" includes any person, firm, association,
organization, partnership, business, trust, corporation, company,
district, county, city and county, city, town, the state,
and any of the agencies' political subdivisions of such entities.
n. "Project" means the whole of an action, resulting in
physical impact on the environment, directly or ultimately,
that is any of the following:
1. An activity directly undertaken by the City
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 of local
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General Plans or elements thereof.
2. An activity undertaken by a person which is
supported in whole or in part through City contracts,
grants, subsidies, loans, or other forms of assistance
from the City or one or more other public agencies.
3. An activity involving the issuance by the City
to a person of a lease, permit, license, certificate, or
other entitlement.
4. Any of the items listed in Section 19.04.050.
"Project" does not include:
1. Anything specifically exempted by state law.
2. Proposals•for legislation to be enacted by
the State Legislature,
3. Continuing administrative or maintenance activities,
such as purchases for supplies, personnel -related actions,
emergency repairs to public service facilities, general
policy and procedure making (except as they are applied
to specific instances covered above), feasibility or
planning studies.
4. The submittal of proposals to a vote of the
people of the state or of a particular community.
o. "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.
p. "Responsible Agency" means the public agency which
proposes to undertake or approve a project and is responsible
for making a negative declaration or for the preparation of an
Environmental Impact Report.
q. "Significant Effect" means a substantial adverse
impact on the environment.
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19.04.050 Application. This Chapter shall apply to all
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projects in the City of Carlsbad and to all permits, licenses,
approvals, or other entitlements for any -of the following:
a. Zone change and zone code amendments
b. Variance
C. Approval of master plans, specific plans or precise
plans
d. Approval of planned developments, planned unio develop-
ments and planned community developments
e. Conditional or special use permits
f. Community redevelopment projects
g. Parcel maps
h. Supplemental use districts
i. Drill sites within any oil or water drilling district
J. Tentative subdivision maps
k. Grading, excavation, fi"ll and dredging permits
1. Any other private activity which requires a City
entitlement which could have an effect on the
environment.
19.04.060 Prohibition. No permit,license, approval or other
entitlement shall be given for any project or for any items listed
in Section 19.04.050 nor shall any project be undertaken by the
City until the requirements of this Chapter have been fulfilled.
19.04.070 Enforcement - Director's Endorsement. The City
Manager is responsible for the enforcement of this Chapter. No
permit, license or other entitlement shall issue for any project
until the project receives an endorsement from the City
Planning Director that the requirements of this Chapter have
been satisfied. All city departments responsible for the
issuance of a permit, license or other entitlement for any
project shall refer any applications therefor to the Planning
Director for his review and determination of whether or not the
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requirements of this Chapter ha,e been satisfied. The City
Manager shall insure that all projects undertaken by the City
are first processed in accord with the requirements of this
Chapter.
19.04.080 Exceptions.
a. Ministerial Projects. All ministerial projects are
excepted from the requirements of this Chapter. Included within
the definition of ministerial projects are the issuance of
building permits and business licenses and the approval of
final subdivision maps and individual utility service connections
and disconnections.
b. Emergency Projects. The following emergency projects
are excepted from the requirements of this Chapter.
1. Projects undertaken, carried out, or approved
by a public agency to maintain, repair, restore, demolish
or replace property or facilities damaged or destroyed as
a result of a disaster in a disaster stricken area in which
a state of emergency has been proclaimed by the Governor
pursuan to law.
2. Emergency repairs to public service facilities
necessary to maintain service.
3. Projects undertaken as immediate action
necessary to prevent or mitigate an emergency.
C. Feasibility and Planning Studies. A project involving
only feasibility or planning studies for possible future actions
which the agency, board, or commission has not approved, adopted,
or funded does not require the preparation of an Environmental
Impact Report but does require consideration of environmental
factors as required by Section 21102 of the Public Resources Code.
d. Prior Compliance. The Planning Director may exempt a
project from the requirements of this Chapter in those cases
where the project has already been processed in accord therewith
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in connection with some other permit, license, or entitlement
for the same project and if he 'determines that no additional
environmental effects are involved or could result from that
project.
e. Lead Agency. Any project which has been processed
by another public agency acting as a lead agency under the
provisions of the Guidelines issued by the Resources Agency
shall be excepted from the requirements of this Chapter. If
an Environmental Impact Report was prepared by the lead agency
it shall be considered by the City prior to acting on the project.
f. Ongoing Project. Any project which qualifies as an
ongoing project under the state Guidelines and would be
exempted from the Environmental Impact Requirement thereby
may be exempted by the Planning Director from the requirements
of this Chapter.
19.04.090 Categorical Exemptions. The following classes
of projects are determined in most cases not to have a significant
effect on the environment and shall, therefore, be exempt from
the requirements of this Chapter.
a. The operation, repair, maintenance or minor alteration
of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or
no expansion of use beyond that previously existing, including
but not limited to:
1. Existing facilities of both investor, and
publicly owned utilities used to convey or distribute
electric power, natural gas, sewage, etc.;
2. Existing highways and streets (within already
established rights -of -way) sidewalks, gutters, bicycle
and pedestrian trails, and similar facilities;
3. Restoration or rehabilitation of'deteriorated
or damaged structures, facilities or mechanical equipment to
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meet current standards of public health and safety,
unless it is determined that the damage was substantial
and resulted from an environmental hazard such as earthquake,
landslide or flood;
4. Addition of safety or health protection devices
for use during construction of or in conjunction with
existing structures, facilities or mechanical equipment,
or topographical features (including navigational devices)
where these devices do not have or result in an adverse
environmental impact;
5. New copy on existing on and off -premise signs;
6. Maintenan.ce of existing landscaping, native
growth and water supply reservoirs (excluding the use of
economic poisons, as defined in Division 7, Chapter 2,
California Agricultural Code);
7. Maintenance of wildlife habitat areas, artificial
wildlife waterway devices, streamflows, springs and
waterholes, and stream channels (clearing of debris) to
protect fish and wildlife resources;
8. Division of existing multiple family rental
units into condominiums;
9. Demolition and removal of buildings and
related structures except where they are of historical,
archaeological or architectural consequence as officially
designated by federal, state or local governmental action.
b. Installation of new equipment and facilities for
water main, sewage, electrical, gas and other utility extensions
of reasonable length to serve new construction of small
structures as defined in the state Guidelines unless the
cumulative impact of successive installations of the same type
in same place over time is significant. -
c. Minor public or private alterations in the condition
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of iarid, water and/or vegetation, including but not limited to:
1. New gardening or landscaping but not including
tree removal.
2. Minor alterations in land, water and vegetation
on existing officially designated wildlife management
areas of fish production facilities which result in
improvement of habitat for fish and wildlife resources or
greater fish production.
3. Minor temporary uses of land having negligible
or no permanent effects on the environment, including
carnivals, sales of Christmas trees, etc.
4. Minor alterations in land use. limitations, except
zoning, including but not limited to:
(i) Minor lot line adjustments, side yard and
set back variances not resulting in the
creation of any new parcel or in any
change in land use or density;
(ii) Issuance of minor encroachment permits.
(iii) Parcel splits in R-1 zones in developed
areas.
5. Construction or placement of minor appurtenances
to existing commercial, industrial, or institutional
facilities such as on -premise signs or small parking lots.
19.04.100 Exception and Exemption - Director's Finding.
The,Planning Director shall determine whether or not a particular
project is within one of the Exceptions or Exemptions. If he
determines that an exemption or exception applies he shall issue
an Endorsement of Compliance. The Planning Director may
determine, notwithstanding the fact that a project may be within
an exemption or exception, that it may have a significant effect
on the environment for reasons such as; scope or scale of the
activity; proximity to the beach; proximity to a lagoon;
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iproximity to a flood plain or any other reason ;:hick in the
judgment of the Director may involve a matter of environmental
significance. If he so determines the endorsement will not
issue and the project will be processed in accord with this
Chapter. The applicant will be notified by mail of the
Planning Director's determination not to issue the endorsement.
The decisions of the Planning Director are final unless appealed
as provided in this Chapter.
19.04.110 Environmental Impact Assessment. If the projec�
is not within one of the categorical exemptions and does not
qualify for an exception, the Planning Director shall conduct
an initial study to determine if the project may involve a
significant environmental effect. The responsible city depart-
ment or the private applicant for a city entitlement shall
submit to the Planning Director a completed Environmental Impact
Assessment form as an aid to such study. The City Council shall
adopt by resolution a form which will solicit sufficient
information regarding the project to allow the Planning Director
to determine whether or not the project may have a significant
effect on the environment. The Planning Director may require
the applicant to furnish, to a reasonable extent, any other
information he determines to be necessary to said determination.
19.04.120 Evaluation of Environmental Impact Assessment
The Planning Director with assistance from other departments
or city staff as appropriate shall review each project for
which an Environmental Impact Assessment Form has been filed.
He shall evaluate all information regarding the project and
shall determine whether or not the project as proposed may
involve a significant effect on the environment. The City
Council shall by resolution adopt guidelines which shall be
followed by the Director in making said determination. If it
is determined that the project may have a significant impact on
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the environment, an Environmental Impact Report will be
prepared and processed as provided in this Chapter. If it is
determined that the project will have only a trivial or insignifi-
cant impact on the environment, the Director shall execute and
post a Negative Declaration as provided in Section 19.04.130.
The responsible person shall be notified in writing by mail
of the Director's determination. The decision is final unless
appealed. A Negative Declaration, when final, will result in
the execution by the Director of the Endorsement of Compliance.
19 04 130 Negative Declaration. The Planning Director
shall prepare a Negative Declaration when he finds, after the
required inquiry, that the project will have no significant
effect on the environment. The declaration shall include the
name of the applicant, the address or location of the proposed
project, a description of the project as proposed, and the
Director's finding that the project will not have a significant
effect on the environment. Such declaration shall be posted
for five (5) business days on a bulletin board located in the
public portion of the Planning Department, shall be published
once during the posting period in a newspaper.of general
circulation in the City and a copy shall be filed with the
County Clerk.
19.04.140 Appeal. Any determination of the Planning
Director or the Negative Declaration may be appealed by any
interested party to the City Planning Commission. Appeals shall
be filed with the Director, accompanied by a fee of $50.00,
within ten (10) days of the mailing of the Director's decision
s or within five (5) days of the expiration of the period for
posting of the Negative Declaration whichever is later. The
Director shall mail a notice of hearing on the appeal to the
applicant and the appellant,post a notice on the Council
Chamber door, and publish it in a paper of general circulation
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' In the Cit {ry at least ten (10) days prior I. the date of the
hearing. The Planning Commission shall hear the appeal and
may approve, conditionally approve, modify, or disapprove the
Negative Declaration or the Director's decision,
The decision of the Commission shall .be mailed to the
applicant and the appellant within ten (10) days of the hearing.
The Commission's decision may be appealed by any interested
party to the City Council. The appeal shall be made in writing
to the City Clerk within ten (10) days of the mailing of the
decision of the Planning Commission. A fee of $50.00 shall be
,paid to the City Clerk at the time the appeal is filed. The
Clerk shall mail a notice of hearing upon the appeal to the
applicant and to the appellant, post one on the Council Chamber
door and publish it once in a newspaper of general circulation
in Calrsbad at least ten (10) days before the hearing date.
The City Council shall hear the appeal and may approve,
conditionally approve, modify, or disapprove the decision of
the Planning Commission. The decision of the City Council is
final.
A final decision for the Negative Declaration or an exception
or exemption will constitute an Endorsement of Compliance. A
final decision finding a potential significant environmental
effect will require preparation of an Environmental Impact
Report. A final decision not to exempt or except a project
shall require that such project be processed in accord with the
provisions of this Chapter.
19.04.150 Decision to Prepare an Environmental _Impact Report.
If the Planning Director finds after the required inquiry that
a project may have a significant effect on the environment he
must prepare or cause to be prepared an Environmental Impact
Report.
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19.04.160 Preparation of Environmental Impact Report
Environmental Impact Reports shall be prepared by the Planning
Director for all city projects. The applicant for a City
entitlement for any private project shall prepare and submit a
Preliminary Environmental Impact Report to the Director which
shall be used, together with the Environmental Impact Assessment
Form and other relevant information in the preparation of a
draft report. The City Council shall by resolution adopt
policies, guidelines and regulations relating to the preparation
of Preliminary Environmental Impact Reports, Applicants shall
comply with said resolution. The Planning Director may require
the applicant to submit, to a reasonable extent, additional
information necessary to the completion of the report. He
may call for assistance from other departments, other govern-
mental- entities and the public as he determine, necessary to
a —full and complete report, The Planning Director, when all
information is on file,shall prepare a Draft Environmental
Impact Report.
19.04.170 Draft Environmental Impact Report. The Draft ,
Environmental Impact Report shall contain substantially the same
information as a final Environmental Impact Report. The
Planning Director shall consult with and obtain the comments
of any public agency which has juriidiction by law with respect
to the project. He shall maintain a listing of local state and
federal agencies which have such jurisdiction over projects in
Carlsbad. A list of persons or agencies with special expertise
or concern with regard to types of projects or their location
shall also be maintained. Copies of the draft report shall be
submitted for comment to the agencies with jurisdiction and to
other agencies as the Director determines to be necessary to a
complete report. If any public agency or perso'n*consulted with
regard to an Environmental Impact Report fails to comment within
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tine time specified by the City for such comment or within a
reasonable time, it shall be assumed that such agency or
person has no comment to make and s-:ch fact may be included in
the final report. The Draft Report shall be mailed to the
applicant and a copy shall be available to the public. The
public copy shall be available for ten (10) days after the
publication of the Notice of Completion.
The Director will accept written comments on or objections
to the report during the period of public availability. After
the expiration of the ten (10) day period, the Director shall
prepare the Environmental Impact Report.
19.04.175 Notice of Completion. When a Draft Environmental
Impact Report is complete, the Planning Director shall file a
Notice of Completion of the Draft Report with the Secretary of
the Resources Agency. The notice shall include a brief
description of the project, its proposed location, and an
address where copies of the Environmental Impact Report are
available. The Notice of Completion shall be posted on the
Council Chamber door and shall be published at least once in
a newspaper of general circulation in the City of Carlsbad.
19 04.180 Environmental Impact Report. The Environmental
Impact Report shal.1 include and take into consideration all the
facts submitted and any public comment or input received and
shall reflect the independent judgment of the City regarding
the project. The Council shall by resolution prescribe
guidelines for the contents of such report.
19 04 185 Planning Commission Hearing. The final
Environmental Impact Report shall be forwarded to the Secretary
of the Planning Commission. The Secretary shall set the matter
for hearing on the Commission agenda. Notice of the date of the
hearing shall be mailed to the applicant, posted on the Council
Chamber door and published once in a newspaper of general
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circulation ten (10) days prior to the date of the hearing.
At the hearing, the Commission shall hear the staff report
on the Report and comments from the public. If the Commission
finds the Report to be complete, they shall recommend its
adoption to the City Council. The Commission may refer the
Report back to staff for further investigation, information and
analysis and for the inclusion of additional material if they
determine such to be necessary to a full and complete report.
19.04.190 City Council Nearing. Upon receipt of the
Planning Commission's recommendation, the City Clerk shall set
the report for public hearing before the City Council. Notice,
at least five (5) days prior to the hearing date, shall be
published once in a newspaper of general circulation, posted
on the Council Chamber door, and mailed to the applicant. The
Council shall hold a public hearing on the Environmental Impact
Report. The staff report, Planning Commission recommendation
and comment from the public shall be received. If the Council
finds the report to be complete, they may adopt the report.
The Council may also refer the report back to staff for further
investigation, information, analysis and for the inclusion of
additional material as deemed necessary to a full and complete
report.
19.04.200 Consolidation. The Planning Commission or City
Council may consolidate a hearing on an Environmental Impact
Report with any other hearing held by the Council or Commission
on an entitlement for the same project. In such case, the
Council or Commission shall fully consider the report before
taking action on the other aspects of the project before them.
19.04.210 Standard of Review. In considering whether or
not to approve a project for which an Environmental Impact
Report has been prepared, the Planning Commission or City
Council shall first consider the information contained it she
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1-1
Report. The Report is an informational document prepared to
inform the decision -makers and the general public of the
environmental effects of projects they propose to carry out or
approve. The process is intended to enable the City to:
(1) evaluate a project to determine whether it may have a signi-
ficant effect on the environment; '(2) examine and institute
methods of reducing adverse impacts; and (3) consider
alternatives to the project as proposed. These things must be
done prior to approval or disapproval of the project. An
Environmental Impact Report may hot be used as an instrument
to rationalize approval of a project, nor do indications of
adverse impact, as enunciated in an Environmental Impact
Report require that a project be disapproved. The decision -
making body may balance environmental objectives with economic
and social objectives in arriving at a decision. In evaluating
whether or not to approve the project or to grant the permit,
license or other entitlement applied for in connection with
the Report, the Council or Commission shall weigh any adverse
environmental effects against any positive effects and any
benefit to the City and the public which could result from
the proposed project. The Council or Commission may disapprove
a project if they find that the adverse consequences outweigh
the positive aspects of the project. They may approve a
project if they find the reverse to be true. They may also
conditionally approve or modify the project in light of the
information in the report. Formal findings are not required.
19.04.215 Notice of Determination. After the decision
to approve a project or grant a requested entitlement is made
by the staff, Commission or Council, after a Negative
Declaration or an Environmental Impact Report, the Planning
Director shall file a Notice of Determination. The notice
shall include the decision of the City to approve or disapprove
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the project, the determination whether the project will or
will not have a significant effect on the environment, and
whether an Environmental Impact Report has been prepared
pursuant to the provisions of the California Environmental
Quality Act. The Notice of Determination shall be filed
with the County Clerk.
19.04.220 Extension of Time for Review. The City
Council may extend the periods of public availability or
comment on Draft Environmental Impact Reports and may extend
the periods for review of final report; when necessary for
adequate review of large public or private projects.
19.04.230 Requests for Environmental' Documents. The
Planning Director shall make Environmental Impact Reports
or other environmental documents available for reasonable
public inspection. He may establish and collect a charge
equal to the actual cost of reproduction for any person
requesting copies.
19.04.240 Retention of Public Comments. Comments
received from other agencies or individuals in the course
of the consultation process while preparing an Environmental
Impact Report shall be kept for a reasonable time in the
Planning Department. They shall be made available to the
public subject to the same terms as other environmental
documents. Comments regarding any project received
independently of the report review process shall also he
considered and kept on file.
19.04.250 Cost of Reports - Fee Schedule. The City
Council may by resolution adopt a fee schedule for the
processing of projects subject to this Chapter and for the
processing of any report or appeal thereunder. Ire the event
staff is unable to prepare an Environmental Impact Report,
the City Council may cause the same to be prepared and the
19.
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actual cost shall be collected from the applicant.
19.04.260 Mai1i"ng 'of Notice on :Request - C1'erk.
The City Clerk shall mail, on a continuing basis, copies
of all notices of appeal, notices of hearings, and other
notices resulting from this Chapter to any individual or
group who files a written request therefor. Such requests
shall be made annually. A fee of $60.00 shall accompany
each such request.
19 04 270 Mailing of Notice or, Request - Planning Director.
The Planning Director shall mail a copy of any Negative
Declarations on a continuing basis to any individual or group
so requesting in writing. Such requests shall be made
annually and shall be accompanied by a fee of $60.00.
19.04 280 Limitation of Time for'Bringing Legal Action.
Any action or proceeding to attack, review, set aside, void
or annul any decision of matters listed in this ordinance
or concerning any of the proceedings, acts or determinations
taken, done or made prior to such decision, or to determine
the reasonableness, legality or validity of any condition
attached thereto, shall not be maintained by any person unless
such action or proceeding is commenced within thirty (30) days
after the date of such decision. Thereafter, all persons
are barred from any such action or proceeding or any defense
of invalidity or unreasonableness of such decision or of such
proceedings, acts or determinations.
19 04 290 Planning Director - Representative. The
term "Planning Director" as used herein shall mean the
Planning Director of the City or his designated representative.
19 04 300 Interpretation - State Guidelines. It is the
intent of the City Council that any particular situation
not covered by this Chapter be governed by the State
Guidelines issued by the Resources Agency. Staff shall guide
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themselves accordingly in administering this ordinance. Any
problem of interpretation shaii, if possible, be resolve-d
by reference to the applicable portions of the California
Environmental Quality Act and the State Guidelines.
SECTION 2. EFFECTIVE DATE. This ordinance shall be
effective thirty (30) days after its adoption, and the
City Clerk shall certify to the adoption of this ordinance
and cause it to be published at least once in the Carlsbad
Journal fifteen (15) days after its adoption.
SECTION 3. Any Project which has been found to be in
compliance with Ordinance 1150 as amended by Ordinance
Numbers 1151, 1154 and 1155 shall also be deemed to be in
compliance with Title 19, Chapter 19.64.
INTRODUCED AND FIRST READ at a regular meeting of the
City Council of the City of Carlsbad, California,,held on
the3rd day of April, 1973, and thereafter PASSED, APPROVED
adjourned
AND ADOPTED atan/regular meeting of the City Council held
on the I8th day of April, 1973, by the following vote, to wit:
AYES: Councilman Dunne, Lewis, Chase and Frazee.
NOES: None.
ABSENT: Councilman McComas.
ATTEST:
R E. 0 , S, ity C er
of h�� City of Carlsbad
(SEAL)
D-AVID--M. DUNNE, Mayor oF the
City of Carlsbad
z, i
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l�{ RESOLUTION NO. 3098_
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA RESCINDING RESOLUTION
3 NUMBERS 3015, 3016, 3017 AND 3019, REINACTING
THEIR SUBSTANCE WITH AMENDMENTS, ADDITIONS AND
4 DELETIONS AS REQUIRED BY THE GUIDELINES ISSUED
BY THE RESOURCES AGENCY THEREBY ADOPTING AN
5 ENVIRONMENTAL IMPACT ASSESSMENT FORM, GUIDE-
LINES FOR DETERMINING WHETHER OR NOT A
6PROPOSED PROJECT INVOLVES A SIGNIFICANT
ENVIRONMENTAL EFFECT, GUIDELINES FOR THE
7I PREPARATION OF A PRELIMINARY ENVIRONMENTAL
IMPACT REPORT, CONTENTS OF AN ENVIRONMENTAL
8 IMPACT REPORT AND FEES FOR PROCESSING PROJECTS
ALL PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
9 QUALITY ACT OF 1970 AND THE CITY OF CARLSBAD
ENVIRONMENTAL PROTECTION.ORDINANCE OF 1972.
10
11 WHEREAS, the City Council of the City of Carlsbad on
12 November 2, 1972, adopted Resolution Numbers 3015, 3016, 3017
13 and 3019 to establish procedures for processing projects under
14 Ordinance 1150, the City of Carlsbad Environmental Protection
15 Ordinance of 1972; and
16 WHEREAS, pursuant to the California Environmental Quality
17 Act of 1970 as amended, the Secretary of the State of California
18 Resources Agency has issued guidelines effective April 6, 1973,
19 establishing objectives and criteria for the implementation
20 of said Act; and
21 WHEREAS, said Act as amended obligates the City to adopt
22 no later than April 6, 1973, objectives, criteria and procedures
23 for implementing said Act; and
24 WHEREAS, the City Council has repealed Ordinances 1150,
25 1151, 1154 and 1155 regarding Environmental Protection and
26 reinacted the substance of said ordinancesjwith amendments,
27 additions and deletions as necessary to bring them into
?8 accord with said guidelines�as Title 19, Chapter 19.04 of the
29 Carlsbad Municipal Code; and
30 WHEREAS, it is also necessary to take similar action
31 with regard to Resolution Numbers 3015, 3016, 3017 and 3019;
32
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows;
1. That the above recitations are true and correct;
2. That Resolution Numbers 3015, 3016, 3017 and 3019
are hereby rescinded;
3. That Exhibit "A", an Environmental Impact Assessment
form, attached hereto and incorporated by reference herein, is
adopted for use in the City of Carlsbad;
4. That Exhibit "B", guidelines for determining whether
or not a project involves a significant effect on the
environment, attached hereto and incorporated by reference
herein, is adopted for use in the City of Carlsbad;
5. That Exhibit "C", a form for the preparation of a
preliminary Environmental Impact Report, attached hereto and
incorporated by reference herein, is adopted for use in the
City of Carlsbad;
6. That Exhibit "D", guidelines for the contents of an
Environmental Impact Report, attached hereto and incorporated
by reference herein, is adopted for use in the City of -Carlsbad;
7. That Exhibit "E", a fee schedule for processing
projects under the City of Carlsbad Environmental Protection
Ordinance of 1972, attached hereto and incorporated by reference
herein, is adopted.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at a regular meeting held on the 3rd day of
April, 1973, by the following vote, to wit:
AYES: Cmn. McComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: Mayor Dunne.
ATTEST:
��rE. AUAMS t;,y--
(seai )
by:
IE, Ma or
IMAS, Vice Mayor
,F4hibit "A" to Resolution Nns.
NIRONMENTAL IMPACT ASSESF'-'`NT FORM
Date:
Name of Applicant:
Permit Applied For:
Location of Proposed Activity:
I. Background Information.
1. Give a brief description of the proposed activity.
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2. Describe the activity urea, including distinguishing
natural and manmade characteristics.
APPENDIX Q.
II. Environmental Impact Analysis.
Answer the following questions by placing a check in the
appropriate space.
Yes No
1. Could the project significantly change present '
land uses in the vicinity of the activity?
2. Could the activity affect the use of a re-
creational area, or area of important
aesthetic value?
3. Could the activity affect the functioning
of an established community or neighbor-
hood?
4. Could the activity,result in the displace-
ment of community residents?
5. Are any of the natural or man-made features
in the activity area unique, that is, not
found in other parts of the County, State,
or nation?
6. Could the activitysignificantly affect a
historical or archaelogical site or its
setting?
7. Could the activity significantly affect
•the potential use,• extraction, or con-
servation of a scarce natural resource?
8. Does the activity area serve as a habitat,
food source, nesting place, source of water,
etc. for rare or endangered wildlife or
fish species?
9. Could the activity significantly affect
fish, wildlife or plant life?
10. Are there any rare or•endangered plant
species in the activity area?
11; Could the activity change existing features
of any of the city's lagoons, bays•, or
tidelands? .
Yes No
12. Could the activity change existing features
of any of the City's beaches?
13. Could the activity result in the erosion
or elimination of agricultural lands?
14, Could the activity serve to encourage
development of presently undeveloped
areas or intensify development of already
developed areas?
15. Will the activity require a variance from
established environmental standards (air,
water, noise, etc)?
16. Will the activity require certification,
authorization or issuance of a permit
by any local, State or Federal en-
vironmental control -agency?
17. Will the activity require issuance of
a variance or conditional use permit
by the City?
18.Will the activity involve the application,
,use, -or -di•ssposal 'oF potentially hazardous
materials?
19. Will the activity involve construction
of facilities in a flood plain?
20. Will the activity involve construction
of facilities on a slope of 25 per cent -
or greater?
21. Will the activity involve construction
of facilities in the area of an active
fault?
22. Could the activity result in the
generation of significant amounts
of noise?
23. Could the activity result in the gen-
eration of significant amounts of dust?
24. Will the activity involve the burning
of brush, trees, or other materials?
25. Could the activity result in a significant
change in the quality of any portion of the
region's air or water resources? (Should
note surface, ground water, off -shore)
Yes No
26. Will there be a significant change to
existing land form?
(a) indicate estimated grading to be
done in cubic yards. .
(b) percentage of alteration to the
present land form.
(c) maximum height of cut or fill
slopes.
27. Will the activity result in substantial
increases in the use of utilities,
sewers, drains or streets? .
III. State of No Significant Environmental Effects
If you have answered yes to one or more of the questions -in
Section II, but youthink the activity will have no significant enviro-
mental effects, indicate your reasons below:
IV. Comments or Elaborations to Any of the Questions in Section II.
If additional space is needed for answerin any questions,
attach additional sheets as may be needed.q}
Signature:
Person completing report
Date signed:
V. Conclusions (To be completed by the Planning Director)
Place a check in the appropriate box.
[] Further information is required.
[] It has been determined that the project will not have
significant environmental effects.
[] It has been determined that the project could have
significant environmental effects. An environmental
impact statement must be submitted by the following
date, .
BY:
LAN14ING DIRECTOR
Date Received: (Or Representative)
EXHISIT"B" to Resolution No.
GUIDELINES FOR DETERMINING WHETHER A PROJECT
MAY HAVE A SIGNIFICANT EFFECT.
I. DETERM111ING SIGNIFICANT EFFECT.
(a) The determination of whether a project may have a significant effect
on the environment calls for careful judgement on the part of the
reviewing agency involved, based to the extent possible on scientific
and factual data. An iron -clad definition of significant effect is
not possible because the significance of an activity may vary with the
setting. For example, an activity which may not be significant
in an urban area may be significant in a rural area. There may be a
difference of opinion on whether a particular effect should be con-
sidered adverse or beneficial, but where there is, or anticipated to be,
a substantial body of opinion that considers or will consider the
effect to be adverse, the public agency should prepare an EIR'to
explore the environmental effects involved.
(b) In evaluating the significance of the environmental effect of a
project, the reviewing agency shall consider both primary and secondary
consequences. Primary consequences are immediately related to the
project (the construction of a new treatment plant may facilitate
population growth in a particular area), while secondary consequences
are related more to primary consequences than to the project itself
(an impact upon the resource base, including land, air, water and
energy use of the area in question may result from the population
growth).
(c) Some examples of consequences which may have a significant effect
on the environment in connection with most projects where they
occur, include the following:
I. Is in conflict with environmental plans and goals that have
been adopted by the community where the project is to be located;
2. Substantially affects a rare or endangered species of animal or
plant, or habitat of such a species;
3. Causes substantial interference with the movement of any
resident or migratory fish or wildlife species;
4. Breaches any published national,state or local standards
relating to solid waste or litter control;
5. Results in a substantial detrimental effect on air or water
quality, or on ambient noise levels for adjoining areas;
rage [.
6. Involves the possibility of contaminating a public water
supply system or adversely affecting ground water;
7. Could cause substantial flooding, erosion or siltation;
8. Is subject to major geologic hazards.
9. Does the project significantly change present uses of the
project area?
The project area includes the immediate location of the project
as well as more remote areas that may be directly or indirectly
affected by construction and/or operation of the project.
10. Will the project affect areas of historical, archaeological or
aesthetic va ue7
The setting of such,sites includes surrounding areas, the nai;ure
of which are important to the understanding and enjoyment of the
site itself.
11. Will the project accelerate the development of adjoining non -
urban areas?
Examples include the introduction of facilities such as streets,
roads, water mains or sewerage lines in such a manner as to
facilitate development or intensification of the use of an area.
12. Will the project alter the character of existing communities?
Examples include, but are not limited to:
Changes in traffic patterns
Effects on access within the community to commercial
establishments, schools, parks, etc.
Introduction to activities not presently found
within the community.
13. Could the project significantly affect the potential use,
extraction or conservation of a scarce natural resource?
Examples include, but are not limited to:
Developments which effectively preclude the extraction of
the region's rock, sand, gravel or other mineral resources.
Uses which effectively preclude the multiple use of regional
national resources in scarce supply.
Activities which tend to diminish the supply or availability of
regional natural resources that are in scarce supply.
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Exhibit B.
Page 3.
14. Are any of the natural or man-made features in the project
area unique, that is, not found in other parts of the City,
County, State or Nation?
Unique features include those areas, structures, biological
phenomena, etc., that exhibit distinguishing characteristics
not found in other areas, or only in a small number of other
areas. Such features can be either good or bad for human
health, safety, comfort or convenience.
II. MANDATORY FINDINGS OF SIMIFICANCE
In every case, where any of the following conditions are found to
exist as a result of a project, the project will be found to have
a significant effect on the environment:
(a) Impacts which have the potential to degrade the quality of the
environment, curtail the range of the environment.
(b) Impacts which achieve short-term, to the disadvantage.of long-
term, environmental goals. A short-term impact on the environment
is one which occurs in a relatively brief, definitive period of
time while long-term impacts will endure well into the future.
(c) Impacts for a project which are individually limited, but
cumulatively considerable. A project may impact on two or more
separate resources where the impact on each resource is relatively
small. If the effect of the total of those impacts on the
environment is significant, an EIR must be prepared. This
mandatory finding of significance does not apply to two or more
separate projects where the impact of each is insignificant.
(d) The environmental effects of a project will cause substantial
adverse effects on human beings, either directly or indirectly.
EXHIBIT "C" to Re,'-'lution No.
PRELIMINARY ENVIRONMENTAL IMPACT REPnRT FORM
A. THE ENVIRONMENTAL IMPACT OF THE PROPOSED ACTION:
The primary, secondary and other effects must be considered
in this section. Thg list included in Appendix "A" should serve
as a beginning guideline for the many en-ironmental factors that
must be considered. The effects should be considered for the
project and areas of local, regional and state concern.
(1) Project Description.
Describe the proposal by name, specific location,
(including location on a USGS 1:24,000 topographic map, and
1,2400 site map where applicable.), objectives of the proposed
project, authorizing document (if apnlicable), current status
(to include: existing and proposed zoning, adjacent zoning, existing
and proposed land use, densities, numb�•r of bedrooms), cost, con-
struction methods, relation to the overall project, previous or oro-
jected phases, and appearance (include elevations, perspectives,
where necessary to insure clarity.)
1
(2) Environmental Setting Without the Project.
Described the area and general environment in the vicinity of
the project (as it exists before commencment of the project). The
analysis should include ecology, geology, economy, aesthetics, land
use and other relevant information. Discuss the environmental setting
without focusing only on the immediate area at the risk of ignoring
Important community and regional aspects critical to the assess-
rcent of environmental impacts. The applicant should consider the
relationship of the project to drainage systems, lagoons, and the
coastline. Discuss the interrelations of related types
IF
of projects and any alternatives that are under construction or
in operation by another agency or organization.
(3) Identify Environmental Impacts.
Discuss environmental elements which result from actions of
the proposed project: A thoughtful assessment of the environmental
elements under, both a "with" and"without the project" condition
could aid in the determination of the environmental impact. For
example, the filling of a marsh or wetland would involve the
obvious conversion of aquatic/marsh areas by altering water flow.
The introduction of roads or buildings and addition of impenetrable
surfaces and resultant change in ground water characteristics,
curtailment of certain commercial uses, disruption of water based
recreational pursuits, conversion of wildland aesthetics to less
desirable aesthetics, possible loss of migratory fly-way.resting
area, possible loss of duck hunting grounds, possible loss of a
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unique species habitat, etc. Such impacts shall be detailed in '
an objective manner to provide a basis for a meaningful comparison
of the cost and benefits involved. Both quantitative and
qualitative information should be included (e.g.,-acres of habitat
lost, number of ducks nesting, value of wild area vs developed area.
Care must be taken not to rely too heavily on the use ofguar.ti-
tative information, and ignore the more difficult questions involving•
more qualitative and subjective judgements, which may turn out to
be more important.
B. ANY ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED
H ULD THE PROPOSAL BE IMPLEMENTED.
Discuss the unavoidable adverse effects and the implications
thereof. This should include not only the pollution of land, water
MC
and air, but also the adverse effects on species, communities and
ecosystems. In addition, the possible adverse effects on man
should be considered, resulting from urban congestion, noise,
threats to health- emotional, physical and mental, and the more
intangible effects of loss of diversity and variety on the environ-
ment, loss of aesthetic qualities and the general loss of "quality"
in our environment.
C. MITIGATION MEASURES PROPOSED TO MINIMIZE THE IMPACT.
Discuss the alternative measures to mitigate or eliminate the
possible environmental ;mpact. This would include discussion of
alternative strategies, features, or design that could minimize
the adverse environmental impact. For example, erosion problems
might be eliminated or reduced by doing grading only during the
drier months. Or alternatively, plans could be made to slant and
establish solid growths of the proper-veqetation to retard erosion.
Environmental degradation should always be balanced against bene-
ficial factors of the project.
D. ALTERNATIVES TO THE PROPOSED ACTION.
Discuss the alternatives to the proposed action. Include the
local and regional alternatives and the various benefits/costs
according to them,whether they be environmentally social, economic,
or physical. Provide the information needed by the reviewers to
establish the merit of said project. In addition to different alter-
natives, it should include a complete discussion of the various alter-
natives for conducting the proposed project while still meeting a ma-
jority of the projected needs. The discussion of alternatives should be
as complete as possible in listing and evaluating the various imnacts,
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beneficial and/or detrimental. If for any reason a road is
being resurfaced, can utilities be undergrounded? Sewers redone?
Bike paths added? etc. The alternatives should also examine the
priority for various projects, and include the priority status of
the proposed project..
E. THE RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF MAN'S
-Discuss the us-e and abuse .of renewable ,and non-renewable
resources. The applicant must show who is paying the "environ-
mental cost," the people who presently gain the benefits or
future generations who may only be left with the cost. Most
significant resources have a long-term effect since there may
be a limitation on choices for future generations. For example,
filling estuaries may provide additional land space for development
•'nut prohibit the future choices of alternative uses, eliminate a
rare species habitat, unbalance erosion and significantly increase
the rate of siltation in a lagoon, and perhaps most important of
all, may establish a precedent that will assure the eventual
destruction of the entire estuary.
F. ANY IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED
N THE PROPOSED ACTION SHOULD1 L 4 N E.
t '
Discuss any irreversible or irretrievable effects on the
environment. This would include land use; a subdivision
precludes the continued use of agricultural lands. Removal of
a tree, where it can eventually be replaced would not be con-
sidered an irreversible change; however, the destruction of an
archeological site or a rare species would be. The change of
use that the project may encourage must also be carefully con-
sidered. For example, a highway may have little environmental
-4-
impact directly, but may be improving access and transportation,
generate major impact that is irreversible.
G. THE GROWTH INDUCING IMPACTS OF THE PROPOSED ACTIVITY UPON
THE NEIGHBORHOOD AND/OR COMMUNITY.
Discuss the ways in which the proposed project could foster
economic or population growth, either directly or indirectly, in
the surrounding environment. Included in this are projects which
would remove obstacles to population growth (a major expansion of
a waste water treatment plant might, for example, allow for more
construction in service areas). Increases in the population may
further tax existing community service facilities so consideration
must be given to this impact. Also, discuss the characteristic of
some projects which may encourage and facilitate other activities
that could significantly affect the environment, either individually
or cumulatively. It must not be assumed that growth in any area is
necessarily beneficial, detrimental, or of little significance to
i the environment.
! H. THE BOUNDARIES OF THE AREA WHICH MAY BE SIGNIFICANTLY
AFFECTED BY THE PROPOSED ACTIVITY.
I. ORGANIZATION AND PERSONS CONSULTER.
Identify all organizations and private individuals who were
consulted in preparing the Preliminary Environmental Impact Report,
and indicate the person or firm responsible for preparinq the Pre-
liminary Environmental Impact Report, and identify the person or firm
authorizing the preliminary report to be prepared (Normally the
applicant.)
-5-
APPENDIX A
The following forms shall be used as a guide when preparing a
Preliminary Environmental Impact Report. They shall be completed
by the applicant for•any project which is deemed to have a signi-
ficant impact upon the environment, which by the foregoing sections
of this ordinance requires preparation and submittal of a full-
,Envi•ronmental =Impact Statement.
ENVIRONMENTAL IMPACT ASSESSMENT CHECKLIST
PHYSICAL SYSTEMS:
Definition: Systems pertaining to geologic,
hydrologic and atmospheric processes
and the probable effects of each.
How to assess impact of physical Systems:
Each category should be evaluated as in
it's existing state, and'the changes
that may occur in each respective phase
of development. The responses should
be a one or two word statement.
e.g..
Land form
Soil stability
1. GEOLOGY:
A. Land Form (Unique physical. features
i.e. Mountains, bays, lagoons, etc)
B. Soil Type/Soil Stability
C. Soil Expansive
D. Bedrock Stability (dip/slope)
E. Hazards:
1. Seismic susceptibility
2. Subsidence
3. Mudflow
2. HYDROLOGY:
A. Flood Plain10-50-100 yr.
(Indicate on a Map)
B. Aquifer, Aquifer recharge, percolati
Imprmeable surface?
C. Drainage and runoff, increase from
impermeable surface?
D. Channel stability
E. Water resources - fresh
F. " 11 --salt
G. It it - brackish
H. " it — irrigation
I. of 11 - industrial
J. " it - domestic
(APPENDIX A)
PHASE
Existing Developmental
Knolls, valleys Grade terraces
Expansive soil Compacted soils
_Operational
GradecTterraces
Compacted soils
an,
.T
BIOTIC SYSTEMS: (continued)
1. FLORA PLANT
A. PTiytop ankton -- Redwood
B. Corridor
C. Barrier
D. Vegetative Cover
1. Economic
2. Non -Economic
E. Endemic (Native)
1. Economic
2. Non -Economic
F. Scientifically valuable
(Rare and/or endangered)
G. Pest species
H. Successional change
I. Man induced
1. Economic (Flowers, Ag
2. Non -Economic
2. FAUNA ANIMAL
A. oop ankton -- Elk
B. Habitat and Migration are
C. Economic species
D. Endemic (Native) species
1. Economic
2. Non -Economic
E. Scientifically Valuable
(Rare and/or endangered)
F. Pest species, vectors
G. Domestic
1. Ecnomic
2. Non -Economic
H. Non -Domestic
3. Ecosystem Stabilit_y(P_lant/Ani
1. Site
2. Localized area
3. Community
4. Region
5. State
6. Nation
4. Other
PHYSICAL SYSTEMS: (continued)
K. Water quality: Physical characteristics
It " Chemical characteristics
to " Biologic characteristics
L. Pollution existing
M. Pollution expected
N. Ocean characteristics:
1. Waves (wind, tsunami)
2. Tidal action
0. Other effects
3. ATMOSPHERIC:
A. Air resources
B. Inversion
C. Air quality: CO , CO, NO SO
Hydrocarbon, orianic, pafticulates,etc.
D. Photochemical smog
E. Smog
F. Clarity
G. Weather modification: Temperature
H. Precipitation
I Humidity
J. " "90 Wind
K. ItOdor
L. Other
BIOTIC SYSTEMS:
Definition:'Pertaining to flora (flowers) and
fauna (animals) and the probable effects on each.
• How to assess impacts of development:
Each category should be t,valuated as
to the existing state and the changes
that may occur daring , or as a result of
the developmental phase or operation phase.
The responses should identify the appropri-
ate plant or animal species and the potential
impact on them.
F
APPENDIX B
HUMAN/GOVERNMENTAL SYSTEMS
�a
IS THE PROPOSED PROJECT IN CONFORMANCE WITH: (yes -no)
CitY
Re
Count
State
Federal
a Goals
b Policies
C. Precedents
d Plans
1) General Plan
ai Housin Element
b Conservation
c OenSace
d Land Use; AB(l Ol
gel Circulation
f) Noise
Seismic Safety--
h Safet
i Historic Corridor/
Scenic Hw
Bic cla Paths
2) S 'f'c P1
a Garfield S ecific
Plan
b Bradv S ecific
Plan
c Other
Zon no
f Suhd i v i s i on Map Act
.___..
Capital Improvements
h Land Use Controls
i.e. flood plain control Ord.
hillside ord.
grading ord.
parks in lieu fees
I. School District
Special Districts
II APPENDIX B
The following topic areas exemplity the kind of concerns to be
considered in the general plan and its elements.
a) Protection, rehabilitation, and enhancement of the environment,
both short and long term?
b) Clean air, clean water, and the enjoyment of aesthetic, natural,
scenic, and historical environmental qualities?
c) Noise and smell in the project area and surrounds?
d) Ecological stability and the preservation, at self-perpetuat-
ing levels, of representative samples of all plant and animal
communities and examples of the major periods of California
history?
e) Man and Nature and their productive and harmonious relationships
ecological a.nd.social diversity, balance, and mutual benefit.
f) Qualitative factors -scenic beauty, value of wildness, and other
intangible values despite the real difficulty of including them
In cost/benefit analysis?
g) Economic efficiency, local, state, and national?
h) Jurisdictional, administrative, and management conflicts?
i) Public opportunity, freedom of choice, general welfare, recreation,
education, etc.?
J) Demand, does it fulfill it, exceed it, or is it a self-ful-
filling demand?
k) Future options?
1) Unique and irreplacable scientific, educational, and cultural
items.
ilI APPENDIX B
In addition, the factors listed below will be evaluated:
a) accuracy of the material in the EIS.
b) completeness: materials, alternatives, bibliography.
c) public involvement in development, decision -making and
review.
d) reasonableness: project, EIS, alternatives.
e') agency involvement in development, decision -making and
review.
f) Innovation and the use of imaginative solutions to old
problems.
g) evaluation of the avowed priority of the project versus
other projects, programs, or expenditures.
Fj(NTBTT "D" to ResoliutV� N:
CONTENTS OF ENVIRONMENTAL IMPACT REPORTS
1. General
Environmental impact reports shall contain the information outlined
in this article.
2. 'Description of 'Project
The description of the project shall contain the following information,
out should not supply extensive detail beyond that needed for evaluation
and review of i•k—. environmental impact.
(a) The pre-ise location and boundaries of the proposed project shall
be shown on a detailed map, preferably topographic. The location
of the project shall also appear on a regional map.
(b) A statement of the objectives sought by the proposed project.
(c) A general description of the project's technical, economical
and environmental characteristics, considering the principal
engineering proposals.
3. Description of Environmental Setting
An EIR must include a description of the environment in the vicinity -of
the project, as it exists before commencement of the project, from both
a local and regional perspective. Knowledge of the regional setting is
critical to the assessment of environmental impacts. Special emphasis
should be placed on environmental resources that are rare or unique to
that region. Specific reference to related projects, both public and
private, both existent and planned, in the region,should also be in-
cluded, for purposes of examining the possible cumulative impact of
such projects.
4. Environmental Impact
All phases of a project must be considered when evaluating its impact on
the environment: planning, acquisition, development and operation. The
following subjects shal. be discussed, preferably in separate sections or
paragraphs.
(a) The Environmental Impact of the Proposed Action:
'Describe the direct and indirect impacts of the project on the
environment, giving due consideration to both the short-term
and long-term effects.
-1-
0
EIR Reports
Wage 2.
It should include specifics of the area, the resources involved
physical changes, alterations to ecological systems and changes
induced in population distribution, population concentration,
the human use of the land (including commercial and residential
development) and other aspects of the resource base such as water,
scenic quality and public services.
M Any Adverse Environmental Effects Which Cannot Be Avoid
Describe any adverse impacts, including those which can be reduced
to an insignificant level but not eliminated. Where there are
impacts that can not be alleviated without imposing an alternative
design, their implications and the reasons why the project is being
proposed, notwithstanding their effect, should be described. Do
not neglect impacts on any aesthetically valuable surroundings, or
on human health.
(c) Mitigation Measures Proposed to Minimize the Impact:
Describe any mitigation measures written into the project plan to
reduce significant environmentally adverse impacts to insignificant
levels, and the basis for considering these levels acceptable.
Where a particular mitigation measure has been chosen from among
several alternatives should be discussed and reasons should be
given for the celuiue made.
(d) Alternatives to the Proposed Action:
Describe any known alternatives to the project or to the location
of the project, which could feasibly attain the basic objectives of
the project, and why they were rejected in favor of the ultimate
choice. The specific alternative of "no project" must also always
be evaluated, along with the impact. Attention should be paid to
alternatives capable of substantially reducing or eliminating any
environmentally adverse impacts, even if these alternatives sub-
stantially impede the attainment of the project objectives, and
are more costly.
(e) The Relationship Between Local_ Short -Term Use of Man's Environment
and the Maintenance and Enhancement of Lonq-Term Productivitv:
Describe the cumulative and long-term effects of the proposed project
which adversely affect the state of the environment, Special
attention should be given to impacts which narrow the range of
beneficial uses of the environment or pose long-term risks to health
or safety. In addition, the reasons why the proposed project is
believed by the sponsor to be justified now, rather than reserving
an option for further alternatives, should be explained.
-2-
Page 3.
(f) Any Irreversible Environmental Changes Which Would Be Involved
in the Proposed Action Should It Be Implemented:
Uses of nonrenewable resources during the initial and continued
phases of the project may be irreversible since a large commitment
of such resources makes removal or nonuse thereafter unlikely.
Primary impacts and particularly secondary impacts (such as a
highway improvement which provides access to a nonaccessible area)
generally commit future generations to similar uses. Also irreversible
damage can result from environmental accidents associated with the
project. Irretrievable commitments of resources should be evaluated
to -assure that such current consumption is justified.
(g) The Growth -Inducing Impact of the Proposed Action:
Discuss the ways in which the proposed project could foster economic
or population growth, either directly or indirectly, in the surrounding
environment. Included in this are projects which would remove
obstacles to population growth (a major expansion of a waste water
treatment plant might for example, allow for more construction in
service areas). Increases in the population may further tax existing
community service facilities so consideration must be given to this
impact. Also discuss the characteristic of some projects which may
encourage and facilitate other activities that could significantly
affect the environment, either individually or cumulatively. It
must not be assumed that growth in any area is necessarily beneficial,
detrimental or of little significance to the environment.
5. Organizations and Persons Consulted
The identity of all Federal, State or local agencies, other organizations
and private individuals consulted in preparing the EIR, and the identity
of the persons, firm or agency preparing the EIR, by contract or other
authorization must be given.
6. Water Quality Aspects.
With respect to water quality aspects of the proposed project which have
been previously certified by the appropriate State or interstate
organization as being in substantial compliance with applicable water
quality standards, reference to the certification should be made.
7. Contents of Final Environmental Impact Report
(a) The Final EIR Shall consist of the Draft EIR containing the
elements described in Sections 2, 3, and 4 of these
Guidelines, a section, a section containing the comments
received through the consultation process described in Article
10, either verbatim or in summary, and the response of the
Responsible Agency to the significant environmental points
raised in the review and consultation process.
-3-
EIR
'Page 4.
(b) The response of the Responsible Agency to comments received may
take the form of a revision of the Draft EIR or may be an
attachment to the Draft EIR. The response shall describe the dis-
position of significant environmental issued raised (e.g.,revisions
to the pro osed project to mitigate anticipated impacts or
objections . In particular, the major issues raised when the
Responsible Agency�s position is at variance with recommendations
and objections raised in the comments, must be addressed in detail,
giving reasons why specific comments and suggestions were not
accepted, and factors of overriding importance warranting an.
override of the suggestions.
EXHIBIT "E" to Resolution No.
FEE SCHEDULE
The following fee schedule is adopted to cover City
costs in processing projects under the City of Carlsbad
Envi.r.onmental Protection Ordinance of 1972:
Process Environmental Impact Analysis. $50.00
Process Environmental Impact Report
Minimum Fee .$250.00 plus actual
cost
COMMISSIONERS
1000E34 ALL COMMUNICATIONS
VERNON L. STURGEON. fRISIDENI
1
TO TN'L COMMISSION
WILLIAM SYNONS. J..
��d
CALIfORN1A fTATG OUILDINO
,. P.VUNASIM. in.
lAN fRANCIfCO. CA LIFOR N IA04102
TNOMAS MORAN
'SIX ONCI (410) 557. 1487
1, W. NOLMES
rtth it I#i1i#ira (nnutnthudiatt
STATE OF CALIFORNIA
FILE N0. C . 9452
April 11, 1973
To Whom it May Concern:
RE: ORDER INSTITUTING INVESTIGATION ON THE COMMISSION'S
OWN MOTION INTO METHODS OF COMPLIANCE WITH THE ENVIRON-
MENTAL QUALITY ACT OF 1970 - CASE NO..9452
Enclosed is a copy of Rule 17.1, adopted and made a part
of the Commissionts Rules of Practice and Procedure on
April 310 1973, by Decision No. 81237 in Case No. 9452.
Rule 17.1 was developed and adopted pursuant to the
California Environmental Quality Act of 1970 and the
Guidelines for Implementation of the California Environ-
mental Quality Act promulgated by the Office of the
Secretary for Resources of the State of California. The
Rule sets forth the special procedures to be utilized
for the preparation and submission of Environmental Impact
Reports.
Very truly yours,
PUBLIC UTILITIES COMMISSION
ByZ(/iL •+�TJ �. '
WILLIAM R. JOHNS01V SECRETARY
Enclosure
17.1 (Rule 17.1) Special Procedure for Imple-
mentation of the California Environmental
Quality Act of 1970. (Preparation and Sub-
mission of Environmental impact Reports.)
A. In General
This rule was developed and issued pursuant
to the California Environmental Quality Act of 1970
(CEQA) and the Guidelines for Implementation of
the California Enviro►unental Quality Act promul-
gated by the Office of the Secretary for Resources
(Guidelines). It shall be the general policy of the
Public Utilities Commission to adopt and adhere to
the principles, objectives, definitions, and criteria of
the CEQA and of the Guidelines promulgated there-
under in its regulations,under its constitutional and
statutory authority. The CEQA requires the Com-
mission to prepare, or cause to be prepared by
contract, and to certify the completion of an
Environmental Impact Report (EIR) for any non -
ministerial activity involving the issuance to a person
of a lease, permit, license, certificate, or other entitle-
ment for use, for which the Commission has the
principal responsibility for approving and which may
have a significant effect on the environment.
B. Objectives
1. To carry out the legislative intent ex-
pressed in the CEQA. Pub: Resources Code Sections
21000 and 2 100 1, and specifically
2. To ensure that environmental issues are
thoroughly, expertly, and objectively considered
within a reasonable period of time, so that environ-
mental costs and benefits will assume their proper
and co -equal place beside the economic, social, and
technilogical issues before the Commission, and so
that there will not be undue delays in the Counmis-
sion's decision -making process.
3. To assess in detail, as early as possible, the
potential environmental impact of a proposed project
in order, that adverse effects are avoided, alternatives
are investigated, and environmental quality is restored
or enhanced, to the fullest extent possible.
4. To achieve an appropriate acco ninoda-
tion between these procedures and the Commission's
existing planning, review, and decision -making pro-
cess.
C. Proponents Environmental Data Statement
In compliance with the CEQA, and except as
provided in Sections E, 1, K, L, and M of this Rule,
each proceeding concerning a project which requires
the construction, alteration, modification, expansion,
extension, relocation, or elimination of facilities shall
include an exhibit entitled "Environmental Data
Statement". Such statement shall be prepared by the
proponent- of the project for which Commission
approval is sought. An applicant, complainant, inter-
venor, interested party, or the Commission staff may
be the proponent of a project in a given proceeding.
D. Filings
1. Form — In addition to meeting the re-
quirements of the Commission's Revised Rule of
r
Practice and Procedure No. 2, the proponent's
Environmental Data Statement (EDS) shall be a sepa-
rate exhibit not physically attached to the application
or pleading, but accompanying such application or
pleading. Except where the Commission is the
proponent, proponent shall file the original and 12
copies of its EDS.
2. Content and Criteria — The Environ-
mental Data Statement sliall contain the information
necessary to enable the Commission to evaluate a
project and to prepare an EIR, as provided herein:
a. In particular, as part of the EDS,
proponent will include a statement as
to whether the project may have a
"significant effect" on the environ-
ment. If the proponent's position is
that the project will not have a sig-
nificant effect, then the EDS will
include a motion requesting a Nega-
tive Declaration and supporting
material. Specifically, proponent must
provide a description of the envir-
onment existing before commence-
ment of the project, and detailed
information supporting the conten-
tion that the project will not have a
significant effect on the environment.
b. If the proponent's position is that the
project may have a significant effect
on the environment, the Environ-
mental Data Statement shall provide
sufficient information fully devel-
oping the following:
(1) The environmental impact of the
proposed action.
(2) Any adverse environmental effects
which cannot be, avoided if the
proposal is implemented.
(3) Mitigation measures proposed to
minimize the impact.
(4) Alternatives to the proposed
action.
(5) The relationship between local
short-term uses of man's en-
vironment and the maintenance
and enhancement of long-term
productivity.
(6) Any irreversible environmental
changes which would be involved
in the proposed action should it
be implemented.
(7) The growth -inducing impact of
the proposed action.
In addition, the EDS shall discuss the
extent of the conformity of the pro-
posed project with all legally appli-
cable environmental quality standards.
The EDS shall deal fully with not only
the alternative courses of action to the
proposal, but also, to the maximum
;Al
extent practicable, the environmental
effects of each alternative. Further,
the EDS shall specifically discuss plans
for future development related to the
application under consideration. Tire
above -listed factors should be con-
sidered to be illustrative and not
necessarily exclusive.
The EDS shall include a list of persons
and their qualifications responsible for
compiling the information as to a
given area of environmental concern,
and a discussion of the methods and
procedures used to produce the infor-
mation.
E. Motions
1. Any proponent of a project within the
purview of CEQA which is the subject of an applica-
tion, complaint, or order instituting investigation or
any person or entity who has appeared or is entitled
to appear in such proceeding as a respondent, protes-
tant, intervenor, or interested party (See Rules 53
and 54) or the Commission staff may file in such
proceeding the following motions:
a. A motion to determine whether or
not the project is included under the
categorical exemptions established in
the Guidelines which would exempt
tine project from the EIR require-
ments of CEQA.
b. A motion to determine whether or
not the project is an emergency
project as defined in CEQA and the
Guidelines and is exempt from the
EIR requirements of CEQA.
c. A motion to determine whether or
not a project is a ministerial project as
defined in CEQA and the Guidelines
and is exempt from the EIR require-
ments of CEQA.
d. A motion to determine whether or
not the Commission is the lead
agency, as defined in the Guidelines,
and responsible for the preparation of
an EIR which is required by CEQA.
e. A motion to determine whether or
not, where the Commission is the lead
agency, a , cgative Declaration rather
than an EIR should be issued in the
proceeding.
f. A motion by the Commission staff or
any applicant or complainant in any
application, complaint, or order insti-
tuting investigation or any person or
entity who has appeared or is entitled
to appear in such proceeding as a
respondent, protestant, intervenor, or
interested party to have determined
who is the proponent in the proceed-
ing for purposes of Sections D.I. and
0.
g. A motion in connection with deter-
mining the reasonableness of a deposit
or fee required under Section 0. A
proponent who is required under
these rules to pay a fee or deposit on
account thereof for the preparation of
an EIR may file a motion to have
determined the reasonableness of such
fee or deposit.
2. If a motion made under this Section E is
filed in a proceeding seeking ex parte action or prior
to hearing in other proceedings, it shall be served
upon all parties upon which service of the applica-
tion, complaint, order instituting investigation, or
other order was made or required to be made. If the
motion is made during the course of a hearing, it shall
be served on all parties of record.
Except for motions to determine whether
or not an emergency exemption (Section E.I.b.)
exists, the parties upon whom the motion is served
and the Commission staff shall have 15 days in which
to respond to the motion. In the case of a motion
dealing with an emergency exemption, the time shall
be 7 days. Tire Commission or the Presiding Officer,
pursuant to Rule 63, may in an appropriate pro-
ceeding, for good cause shown, shorten or enlarge the
time in which a response may be filed.
Action shall be taken oil the motion in
accordance with Rule 63.
F. Preparation of Draft EIR
. After receipt of the proponent's EDS, and
prior to any (rearing on the project concerned, the
Commission will determine in accordance with
Section E on motion by a party or oil its own motion
whether the Commission is the public agency which
has the principal responsibility for approving the
project as defined in the Guidelines, and whether it
should therefore be considered to be the "lead
agency" responsible for preparation of the Negative
Declaration or the Final EIR. Notice of the deter-
mination that the Commission is the lead agency as to
the specific project will be included in the Notice of
Completion filed pursuant to Section F.S. of this
Rule.
2. If it is determined that We Commission is
the lead agency, the Commission in accordance with
Section E will determine on motion by a party or on
its own motion whether the project may have a
significant effect on the environment.
3. If it is determined in accordance with
Section E that the proposed project will not have a
significant effect on the environment, a Negative
Declaration, prepared in conformance with tine CEQA
and the applicable Guidelines, shall be issued by the
Presiding Officer, pursuant to Rule 63, unless the
Commission by order otherwise provided, and filed
immediately thereafter, but not less than 30 days
before the project is approved, with the Secretary for
Resources. Specifically, the Negative Declaration shall
be prepared after consultation with all other public
—2—
agencies which must approve the project in question
or a part of the project. The Negative Declaration
shall reflect the comments of all public agencies so
involved.
4. If it is determined that the proposed
project may have a significant effect on the environ-
ment, the staff shall make an initial review of the
proponent's EDS for form, adequacy, and objectivity
and, if necessary, request proponent to correct any
deficiencies found therein. The EDS reviewed, cor-
rected, or amended by the staff may become the
Commission's "draft EIR". When issued, the staff will
arrange for circulation of tite draft EIR for comment
to all public agencies which have jurisdiction by law
over the proposed project. It may also be circulated
for comment to any person who has special expertise
with respect to any area of environmental concern
involved in the project. The staff may also consult
with and request the services of state agencies or
others who have special expertise with respect to any
area of environmental concern involved in the proj-
ect.
The identity of all federal, state, or local
agencies, other organizations, and private individuals
consulted in preparing the EIR, and the identity of
the persons, firm, or agency preparing the EIR, by
contract or other authorization must be included in
the Final EIR.
S. As soon as the draft EIR is completed,
but before copies are sent out for review, an official
notice, entitled the Notice of Completion and stating
that the draft EIR has been completed, must be filed
with the Secretary of the Resources Agency. The
notice shall include a brief description of the project,
its proposed location, and an address where copies of
the draft EIR are available;
6. Notice of completion of the draft EIR
shall also be given by the staff to: the county and
municipal planning,comntissions and the county and
municipal legislative bodies for each county or city
affected by the proposed facility, the state highway
engineer, other interested parties having requested
such notification; and to the Department of Public
Health, to the Water Resources Control Board, to the
California Regional Water Quality Control Board, to
the Air Resources Board, to the Air Pollution Control
District, if any, in whose jurisdiction the proposed
facility will be located, to the Department of Public
Works, to the Department of Aeronautics, and to the
State Lands Commission.
Notice shall also be given to the general
public by advertisement, not less than once a week,
two weeks successively in a newspaper or newspapers
of general circulation in the county or counties in
which the proposed facility will be located. Copies of
the draft EIR shall be available to members of the
public and may be purchased for their actual cost of
reproduction and handling.
7. In the event the proposed project is the
subject of a (tearing, such hearing shall be held not
less than 30 days after the draft EIR has been made
available for comment and for inspection by the
public.
G. Environmental Impact Report
1. Evidence in support of the proposed
project based on proponent's EDS shall be presented
by the proponent at any hearing ordered by the
Commission. Staff and all other parties taking a posi-
tion on environmental matters may offer formal
evidence for the record in support of their environ-
mental positions.
2. a. Unless the Commission by order
otherwise provides, a Final Environmental Impact
Report shall be prepared and filed, after hearing, in
conformance with CEQA and the Guidelines, by the
Presiding Officer.
b. The Commission or the ''residing
Officer, pursuant to Rule 63, in its or his discretion
may provide for hearings solely on environmental
issues.
3. The parties shall have the opportunity to
file exceptions and replies to the Final EIR as pro-
vided in Rules 80 and 81.
4. The Final EIR shall be included as part of
the Commission's regular heating record.
5. Copies of the Final EIR shall be made
available to the Legislature. The Final EIR shall also
be available for inspection by the general public who
may secure a copy thereof by paying for the actual
cost of reproducing and handling such copy. It shall
also be filed with the appropriate local planning
agency of any city, county, or city and county which
will be affected by the project. In addition, the Secre-
tary's office sliall cause copies of the EIR to be served
upon all parties to the proceeding,
6. Except where the staff is the proponent,
and subject to applicable provisionF of law, a reason-
able fee will be charged the proponent of a project
subject to the provisions of the Environmental Qual-
ity Act of 1970 in order to recover the actual or
estimated costs incurred by the Commission in pre-
paring a Final EIR for such project as established and
set forth in Section 0 of this Rule.
H. Ex Parte Proceedings
If no protests are received within thirty days
of the date of the certificate of service of any pro-
ceeding subject to the EIR provisions of the CEQA,
the matter may be considered ex harte; however, all
portions of this Rule, except those relating specifi-
cally to hearings shall apply.
1. Projects Involving Major Federal Actions Or
As To Which The Commission Is Not The
Lead Agency
1. When an EIS has been, or will be, pre-
pared for the same project pursuant to the National
Environmental Policy Act of 1969 (NEPA), all or any
appropriate part of such statement may be submitted
by a proponent in lieu of all or any part of an EDS
required by this Rude, provided that the federal EIS
filly develops the factors in Section D.2.b. of this
Rule.
—3—
Similarly, such an EIS prepared pursuant
structures when they have deteri-
to NEPA may be filed in lieu of all or any part of a
orated or are damaged, in order to
Final EIR required by the CEQA provided that it
meet current standards of public
fully develops the factors in Section D.2.b. of this
health and safety under the rules
Rule.
of the Commission or other public
2. Whenever a Final EIR,or Negative Dec-
authority, where the damage is
laration has been, or will be, prepared for the same
not substantial and did not result
project by a public agency other than the Commis-
from an environmental hazard.
sion, copies shall be submitted in lieu of the EDS
(2) The operation, repair, mainte-
required by Sections C and D.1. of this Rule.
nance, or minor alteration of
Such an EIR prepared pursuant to the
existing facilities used to convey
CEQA may be filed in lieu of a Final EIR required by
or distribute electric power, natu-
tlae CEQA to be prepared by the Commission, but
ral gas, water, or other substance.
shall be considered by the Commission prior to
(3) The maintenance of landscaping
approving or disapproving the project.
around utility facilities.
J. Final Commission Action
(4) The maintenance of native growth
The Commission shall adopt a Final EIR and
around utility facilities.
consider the contents of the report in making a de-
b.
Class 2 Exemptions. The replacement
cision on the project.
or reconstruction, including rec6n-
1. The final order of the Commission
ductoring, of existing utility struc-
approving or disapproving a proposed project shall
tures and facilities where the new
include findings of fact and conclusions of law based
structure or facility will be located on
upon the environmental factors enumerated in Sec-
the same site as the replaced structure
tion D.2.b. of this Rule and the views and comments
or facility and will have substantially
expressed in conjunction therewith by the proponent
the same purpose and capacity as the
and all those making formal comment pursuant to
structure replaced.
the provisions of Section G.3.c.
c.
Class 3 Exemptions.
2. After making a decision on a project as to
(1) Stores and offices for utility pur-
which an EIR was prepared by the Commission, the
poses if designed for an occupant
Commission shall file a notice, specified tlae Notice of
load of 20 persons or less, if not in
Determination, with the Secretary for Resources.
conjunction with the building of
Contents of the notice shall be as provided in the
two or more such stru.,fures.
Guidelines. The notice shall also be filed with the
(2) Water main, sewage, electrical, gas
planning agencies of any city, county, city and court-
and other utility extensions of
ty which will be affected by the project, as soon as
reasonable length to serve such
possible.
constructi0.
K. Ministerial Projects
(3) Accessory (appurtenant) struc-
,Only "discretionary projects", as defined in
lures to utility structures in -
the Guidelines, require the preparation of an EIR,
eluding garages, carports, patios
The Commission shall determine on a case -by -case
and fences.
basis what projects it proposes to approve are "min-
d.
Class 4 Exemptions. New gardening
isterial", as defined in the Guidelines, and therefore
or landscaping in conjunction with
not subject to the CEQA. A motion may be filed
utility facilities or structure, not to
under Section E.l.c. to have determined whether a
include the removal of trees, the fill -
project is a ministerial one.
ing of earth into previously excavated
L. Emergency Projects
land, with material compatible with
Emergency Projects are not subject to the
the natural features of the site, and
EIR requirement. Applications for approval of proj-
minor temporary uses of land having
ects which conic within the Guidelines' definition of
negligible or no permanent effect on
"emergency projects" need not include an environ-
the environment.
mental data statement. A motion may be filed wader
c.
Class 5" Exemptions. Projects which
Section E.l.b. to have determined whether a project
require the issuance of street opening
is an emergency project.
permits to permit minor alterations in
M. Categorical Exemptions
land use limitations.
1. The following specific projects are within
f.
Class 6 Exemptions. The preparation
the classes of projects which the Secretary for Re-
and filing of basic data, research,
sources has exempted from the EIR requirements of
experimental management, and re.
CEQA:
source eva.uation activities which do
a. Class 1 Exemptions.
not result in a serious or major dis-
(1) Restoration and repair of existing
turbance to an environmental re-
NE11112
source. This includes the tiling of
(3) New Railroad Track Crossing. If
informational reports with the Coin-
new railroad track crossing is part
mission.
g. Class 7 Exemptions. Commission
of a project to be carried out by a
public agency, state or local, the
decision -making activities which are
PUC would not be the Lead
intended to assure the maintenance,
Agency. PUC would be the Lead
restoration, or enhancement of a
Agency as to all other such proj-
natural resource.
ects.
h. Class 8 Exemptions. Commission
(4) Railroad Crossing Relocations. If
decision -making activities if they con-
the project is to be carried out by
sist of action taken to assure the
a public agency, state or local, the
maintenance, restoration, enhance-
PUG would not be the Lead
ment, or protection of the environ-
Agency. PUC would be the Lead
ment, for example, in connection with
Agency as to all other such
the issuance of instructions or orders
projects.
having to do with existing utility
(5) Railroad Crossing Widenings. if
facilities.
the project is to be carried out by
2. The Commission may, at any time, re-
a public agency, state or local, the
quest that a new class of Categorical Exemptions be
PUC would rat be the Lead
added, or an existing one delettd, as pr,.vided in the
Agency. PUC would be the Lead
Guidelines.
N. Lead Agency Determinations
Agency as to all other such
projects.
1. The following are determinations of when
(6) Railroad Crossing Protection In -
the Commission is or is not the Lead Agency for the
stallation or Alteration. if the
preparation of an EIR or Negative Declaration:
project is to be carried out by a
a. Non -Transportation Utility Projects
public agency, state or local, the
The Commission is the Lead Agency
PUC would not be the Lead
for the following projects:
Agency. PUC would be the Lead
(1) Electric generation projects cov-
Agency as to all other such
ered by G.O. 131.
projects.
(2) Electric transmission line projects
(7) Railroad Agency Curtailment. If
covered by G.O. 11t.
the project is to be carried out by
(3) Gas storage projects,
a public agency, state or local, the
(4) Major gas transmission projects.
PUC would not be the Lead Agen-
(5) New and non-contiguous utility
cy, PUC would be the Lead
facility projects (independent of
A-,ency as to all other such proj-
subdivision projects).
Eas.
(6) Radiotelephone utility projects.
(8) Track Removal. If the project is to
(7) Telephone service area expansion
be carried out by a public agency,
projects.
state or local, the PUC would not
(8) Applications for exemptions from
be the Lead Agency. PUC would
undergrounding requirements,
be the Lead Agency as to all other
(9) Applications, complaints, or Ol(s
such projects.
directly relating to new construe-
(9) Certification Proceedings. The
tion of utility facilities.
PUC would be the Lead Agency in
b. Transportation Utility Projects
the following proceedings:
(1) Grade Separatiotm If grade separi-
(a) Air - common carrier certi-
tion is part of a project to be
fication.
carried out by a public agency,
(b) Bus -• common carrier certi-
state or local, the PUC would not
fication.
be the Lead Agency. PUC would
(c) Bus - Class B charter certiG-
be the Lead Agency as to all other
cation.
grade separation projects.
(2) New Street Crossings. If new
(d) Rail - common carrier cer-
tification.
street crossing is part of a project
(e) Truck - common carrier
to be carried out by a public
certification.
agency, state or local, the Pl'C
0) Vessel - common carrier
would not be the Lead Agency.
certification.
PUC would be the Lead Agency as
to all other new street crossings.
-5-
2. A motion may be filed under Section
E.I.d. for a determination of whether the Commis-
sion is the Lead Agency with respect to a project not
specifcaliy enumerated herein.
O. Fees for Recovery of Costs Incurred in Pre-
paring EIRs
i. a. For any project other than a trans-
poration utility project, where the Commission is the
Lead Agency responsible for preparing the EIR, and
for which a certificate of public convenience and
necessity or other authority to construct utility facil-
ities is required, a deposit will be charged the pro-
ponent as set forth below:
A deposit of thirty dollars (S30) for each one
thousand dollars (S1,000) of the estimated
capital cost of the project up to one hundred
thousand dollars ($100,000), ten dollars
(S 10) for each one thousand dollars (S 1,000)
over one hundred thousand dollars
(S 100,000) and tip to one million dollars
($1,000,000), five dollars (SS) for each one
thousand dollars (51,000) over one million
(S 1,000,000) and tip to five million dollars
(S5,000,000), two dollars (S2) for each one
thousand dollars (S1,000) over five million
dollars ($5,000,000) and tip to ten million
dollars (510,000,000), one dollar (S1) for
each one thousand dollars (51,000) over ten
million dollars (SI0,000,000) and up to one
Hundred million dollars (5100,000,000), and
fifty cents ($0.50) for each one thousand
dollars (51,000) over one hundred million
dollars (S 100,000,000). A minimum deposit
in every case of rive Hundred dollars (S500)
will be collected to cover the estimated costs
to be incurred in preparing an Environmental
Impact Report.
A-,
b. The minimum deposit will be charged
and collected whenever a Negative Declaration is
requested. The costs of preparing the EIR or Negative
Declaration shall be paid from such fee. if the costs
exceed such fee, the proponent shall upon disposition
of the proceeding by the Commission pay the excess
costs, and if the actual costs -are less than such fee,
the excess shall be refunded to the proponent.
c. Proponent may elect to pay the appli-
cable deposit in progressive payments due as follows:
A one-third deposit at the time the application or
pleading is filed, an additional one-third upon noti-
fication that the initial deposit has been expended in
connection with the preparation of the Environ-
mental Impact Report, and the remaining one-third
upon notification that previously collected amounts
have been expended.
2. For any other project, including trans-
poration utility projects, where the Commission is the
Lead Agency responsible for prepartion ofAhe EIR,
the Commission shall determine under Rule 63 on a
case -by -case basis the reasonable deposit to be
charged and collected from the proponent of the
project, with a minimum cl')osit of $500 to be
charged in every case. The ct . of preparing the EIR
or Negative Declaration slial. ,paid from such fee.
Upon disposition of the pro,. g'ag, if the costs ex-
ceed such deposit, the proponent -shall pay the actual
costs in excess of the deposit, and if the actual costs
are less than such deposit, the excess shall be re-
funded to the proponent.
3. A proponent may file an appropriate
motion tinder Section E.l.g. to have detennined
whether any fee or deposit required hereunder is
reasonable.