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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. i 4-18-73 Ordinance No. 1.158 was given a second reading by title only and adopted. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 231 24 25 26 27 28 29 30 31 32, 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 1. 11 2 3 4 5 6 7 8 9 10l11 12 13 14 15 T6 17 18 19 20 21 22 23 24 25 26 27 28 29 30!I 31'' 32 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 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17' 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -.1 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 KN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3211 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 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18i i,9 20 21 22 23 24 25 26 27 28 29 30 31 32 —11 F� 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 5. 04 2 3 4 5I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26. n7 28 29 30 31 32 I-- 19.04.050 Application. This Chapter shall apply to all I 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 VA FEW 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 +`R .a 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 8. OF 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26'I, 27 28 29 30 31 32 r-10 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 9. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 10. 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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; 1' 2 3 4 5 6 7 81 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3211 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 12. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2� 2' 24 2° 2( 2' V 21 31 3; 3 ?P' l 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 13. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3211 ' 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. 14. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 161 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3211 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 15. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 29 30 31. 32 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 16. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 17. ill 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 18. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31' 321 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. APO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3C 31 3� 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 20. 1I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 '22 23 24 25 26 27 28 29 30 31 321 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 - 1 6 I 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 1 I . It ill 2 3 4 5 6 7 8 9 10 11` 12Ij 13 14� 15 � 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. ' t • j a i 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. -2- 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 i 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, -3- 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.